n ' THE 



PATENT LAWS 



OF THE 



UIITED STATES: 



TOGETHER WITH 



INFORMATIOlSr FOR PERSONS HAVING BUSINESS 
TO TRANSACT 



AT THE 



PATENT OFFICE. 



NEW YORK: 

PUBLISHED AT THE OFFICE OF THE SCIENTIFIC AMERICAN, 
128 FULTON STREET. 

184 9. 



\ 






-St 



^t> ' 



TO THE PUBLIC. 



With a sincere desire to promote the interests of inventors, and those 
of our citizens who have business to transact with the United States Patent 
Office, the undersigned, publishers of the Scientific American, present in 
the following pages all the existing laws relative to American Patents, 
with full instructions how to proceed in transacting business with said 
office, according to the forms prescribed by the present Hon. Commissioner 
of Patents. 

From our great experience in business relating to Patents, we know 
that there are but few of our citizens who are thoroughly acquainted 
with such matters ; and owing to this want of knowledge, many who can 
but little afford it are at no trifling expense yearly in paying for legal 
advice, and obtaining information respecting patent laws, and the mode 
of procedure to secure a patent. We have, therefore, been induced to 
publish this little work in order to spread abroad a knowledge of our 
Patent Laws, and thereby save to inventors the fruits of their hard-earned 
toil, by personally acquiring correct information at a trifling expense. 

These being the motives which have prompted us to publish this use- 
ful work, we respectfully dedicate it to inventors, and the subscribers of 
the " Scientific American." 

MUNN & CO. 

128 FulUni street, New York. 

\i\ ftf ^^^ 



Hs-H^^nn 



PATENT LAWS OF THE UNITED STATES. 



rV 



Be it enacted by the Senate and House of Representatives of the United States of America in Congress 
Assembled, That there shall be established and attached to the Department of State an oiBce to be 
denominated the Patent Office, the chief officer of which shall be called the Commissioner of Patents, 
to be appointed by the President, by and with the advice and consent of the Senate, whose duty it 
shall be, under the direction of the Secretary of State, to superintend, execute, and perform all such 
acts and things, touching and respecting the granting and issuing of patents for new and useful discov- 
eries, inventions, and improvements, as are herein provided for, or shall hereafter be, by law, directed 
to be done and performed, and shall have charge and custody of all the books, records, papers, models, 
'^^^ machines, and all other things belonging to said office. And said Commissioner shall receive the same 

^^ compensation as is allowed by law to the Commissioner of the Indian Department, and shall be en- 

titled to send and receive letters and packages by mail, relating to the business of the office, free of 
postage. 

Sec 2. And be it further enacted, That there shall be in said office an inferior officer, to be appointed 
by the iaid principal officer, with the approval of the Secretary of State, to receive an annual salary 
of sev !iteen hundred dollars, and to be called the Chief Clerk of the Patent Office, who, in all cases 
durin the necessary absence of the Commissioner, or when the said principal office shall become 
vacar v, shall have the charge and custody of the seal, and of the records, books, papers, machines, 
modtjis, and all other things belonging to said office, and shall perform the duties of Commissioner 
during such vacancy. And the said Commissioner may also, with Uke approval, appoint an examin- 
ing clerk, at an annual salary of fifteen hundred dollars ; two other clerks, at twelve hundred dollars 
each, one of whom shall be a competent draughtsman ; one other clerk, at one thousand dollars ; a 
machinist, at twelve hundred and fifty dollars ; and a messenger, at seven hundred dollars. And said 
Commissioner, clerks, and every other person appointed and employed in said office, shall be disqual- 
ified and interdicted from acquiring or taking, except by inheritance, during the period for which they 
shall hold their appointments, respectively, any right or interest, directly or indirectly, in any patent 
for an invention or discovery which has been, or may hereafter be, granted. 

Sec. 3. Aiid be it further enacted, That the said principal officer, and every other person to be ap- 
pointed in the said office, shall, before he enters upon the duties of his office or appointment, make 
oath or affirmation truly and faithfully to execute the trust committed to him. And the said Com- 
missioner and the Chief Clerk shall also, before entering upon their duties, severally give bonds, with 
sureties, to the Treasurer of the United States, the former in the sum of ten thousand dollars, and the 
latter in the sum of five thousand dollars, with condition to render a true and faithful account to 
him or his successor in office, quarterly, of all moneys which shall be by them respectively received 
for duties on patents, and for copies of records and drawings, and all other moneys received by virtue 
of said office. 

Sec. 4. And he it further enacted. That the said Commissioner shall cause a seal to be made and pro- 
vided for the said office, with such device as the President of the United States shall approve ; and 
copies of any records, books, papers, or drawings, belonging to the said office, under the signature of 
the said'Commissioner, or, when the office shall be vacant, under the signature of the Chief Clerk, 
with the said seal affixed, shall be competent evidence in all cases in which the original records, books, 
papers, or drawings, could be evidence. And any person making application therefor may have cer- 
tified copies of the records, drawings, and other papers deposited in said office, on paying, for the writ- 
ten copies the sum of ten cents for every page of one hundred words ; and for copies of drawings, 
the reasonable expense of making the same. 

Sec. 5. And be it further enacted. That all patents issuing from said office shall be issued in the 
name of the United States, and under the seal of said office, and be signed by the Secretary of State, 
and countersigned by the Commissioner of said office, and shall be recorded, together with the de- 
scriptions, specifications, and dravrings, in the said office, in books to be kept for that purpose. Every 
such patent shall contain a short description or title of the invention or discovery, correctly indicating 
its nature and design, and in its terms grant to the applicant or appUcants, his or their heirs, adminis- 
trators, executors, or assigns, for a term not exceeding fourteeen years, the full and exclusive right 
and liberty of making, using, and vending to others to be used, the said invention or discovery, refer- 
ring to the specifications for the particulars thereof, a copy of which shall be annexed to the patent, 
specifying what the patentee claims as his invention or discovery. 

Sec. 6. And be it further enacted, That any person or persons having discovered or invented any 
new and useful art, machine, manufacture, or composition of matter, or any new and useful improve- 
ment on any art, machine, manufacture, or composition of matter, not known or used by others be- 
fore his or their discovery or invention thereof, and not, at the time of his application for a patent, in 
public use or on sale, with his consent or allowance, as the inventor or discoverer, and shall desire to 
obtain an exclusive property therein, may make application, in writing, to the Commissioner of 
Patents, expressing such desire, and the Commissioner, on due proceedings had, may grant a patent 
therefor. But before any inventor shall receive a patent for any such new invention or discovery, he 
shall deliver a written description of his invention or discovery, and of the manner and process of 
making, consti-ucting. using, and compounding the same in such full, clear, and exact terms, avoiding 
, unnecessary prolixity, as to enable any person skilled in the art or science to which it appertains, or 
with which it is most nearly connected, to make, construct, compound, and use the same ; and in case of 
any machine, he shall fully explain the principle, and the several modes in which he has contemplated 
the application of that principle or character by which it may be distinguished from other inventions ; 
and shall particularly specify and point out the part, improvement, or combination, which he claims 
as his own invention or discovery. He shall, furthermore, accompany the whole with a drawing or 
drawings, and written references, where the nature of the case admits of drawings ; or with specimens 
of ingredients, and of the composition of matter, sufficient in quantity for the purpose of experiment, 
where the invention or discovery is of a composition of matter ; which descriptions and drawings, 
signed by the inventor, and attested by two witnesses, shall be filed in the Patent Office ; and he shall, 
moreover, furnish a model of his invention, in aU cases which admit of a representation by model, 
of a convenient size to exhibit advantageously its several parts. The appHcant shall also make oath, 
or affirmation, that he does verily believe that he is the original and first inventor or discoverer of the 



art, machine, composition, or improvement, for which he solicits a patent ; and that he does not 
know or believe that the same was ever before known or nsed ; and also of what country he is a 
citizen : which oath or aflu-mation may be made before any person authorized by law to administer 
oaths. 

Sec. 7. And be it further enacted, That on the filing of any such application, description, and specifica- 
tion, and the payment of the duty hereinafter provided, the Commissioner shall make, or cause to be 
made, an examination of the alleged new invention or discovery ; and if, on any such examination, 
it shall not appear to the Commissioner that the same had been invented or discovered by any other 
person in this country, prior to the alleged invention or discovery thereof by the applicant, or that it 
had been patented or described in any printed publication in this or any foreign country, or had been 
in public use or on sale, with the applicant's consent or allowance, prior to the application, if the 
Commissioner shall deem it to be sufiiciently useful and important, it shall be his duty to issue a 
patent therefor. But whenever, on such examination, it shall appear to the Commissioner that the 
applicant was not the original and first inventor or discoverer thereof, or that any part of that which 
is claimed as new, had before been invented or discovered, or patented, or described in any printed 
publication in tliis or any foreign country as aforesaid, or that the description is defective and insuflB- 
cient, he shall notify the applicant thereof, giving him briefly such information and references as may 
be useful in judging of the propriety of renewing his application, or of altering his specification to em- 
brace only that part of the invention or discovery which is new. In every such case, if the applicant 
shall elect to withdraw his application, relinquishing his claim to the model, he shall be entitled to 
receive back twenty dollars, part of the duty required by this act, on filing a notice in writing of such 
election in the Patent Office ; a copy of wliich, certified by the Commissioner, shall be a sufiicient 
warrant to the Treasurer for paying back to the said applicant the said sum of twenty dollars. 
But if the appUcant, in such case, shall persist in his claims for a patent, with or without any altera- 
tion of his specification, he shall be required to make oath or afl&rmation anew, in manner as aforesaid ; 
and if the specification and claim shall not have been so modified as, in the opinion of the Commis- 
sioner, shall entitle the applicant to a patent, he may, on appeal, and upon request in vmting, have 
the decision of a board of examiners, to be composed of three disinterested persons, who shall be 
appointed for that purpose by the Secretary of State, one of whom, at least, to be selected, if practi- 
cable and convenient, for his knowledge and skill in the particular art, manufacture, or branch of 
science to which the alleged invention appertains ; who shall be under oath or affirmation for the faith- 
ful and impartial performance of the duty imposed upon them by said appointment. Said board 
shall be furnished with a certificate in writing, of the opinion and decision of the Commissioner, 
stating the particular groimds of his objection, and the part or parts of the invention which he con- 
siders as not entitled to be patented. And the said board shall give reasonable notice to the applicant, 
as well as to the Commissioner, of the time and place of their meeting, that they may have an oppor- 
tunity of furnishing them with such facts and evidence as they may deem necessary to a just decision; 
and it shall be the duty of the Commissioner to furnish to the board of examiners suchinfonnation as 
he may possess relative to the matter under their consideration. And on an examination and con- 
sideration of the matter by such board, it shall be in their power, or of a majority of them, to reverse 
the decision of the Commissioner, either in whole or in part; and their opinion being certified to the 
Commissioner, he shall be governed thereby in the further proceedings to be had on such application : 
Frovided, however, That, before a board shall be instituted in any such case, the applicant shall pay to 
the credit of the Treasury, as provided in the ninth section of this act, the sum of twenty-five dollars ; 
and each of said persons so appointed shall be entitled to receive, for his services in each case, a sum 
not exceeding ten dollars, to be determined and paid by the Commissioner out of any moneys in his 
hands, which shall be in full compensation to the persons who may be so appointed, for their exam- 
ination and certificate as aforesaid. 

Sec. 8. And be it further enacted, That whenever an application shall be made for a patent, which, 
in the opinion of the Commissioner, would interfere with any other patent for which an application 
may be pending, or with any unexpired patent which shall have been granted, it shall be the duty of 
the Commissioner to give notice thereof to such applicants, or patentees, as the case may be ; and if 
either shall be dissatisfied with the decision of the Commissioner on the question of priority of right, 
or invention, on a hearing thereof, he may appeal from such decision, on the like terms and condi- 
tions as are provided in the preceding section of this act, and the like proceedings shall be had, to 
determine which, or whether either of the appUcants is entitled to receive a patent as prayed for. 
]iut nothing in this act contained shall be construed to deprive an original and true inventor of the 
right to a patent for his invention, by reason of his having previously taken out letters patent therefor 
in a foreign country, and the same having been published, at any time within six months next pre- 
ceding the filing of his specification and drawings. And whenever the applicant shall request it the 
patent shall take date from the time of filing of the specifications and drawings, not, however, exceed- 
ing six months prior to the actual issuing of the patent ; and on like request, and the payment of the 
duty herein required, by any applicant, his specification and drawings shall be filed in the secret 
archives of the office, until he shall furnish the model, and the patent be issued, not exceeding the 
term of one year — the applicant being entitled to notice of interfering applications. 

Sec. 9. And be it further enacted, That, before any apphcation for a patent shall be considered by 
the Commissioner as aforesaid, the applicant shall pay into the Treasury of the United States, or into 
the Patent Office, or into any of the deposite banks, to the credit of the Treasury, if he be a citizen 
in the United States, or an alien, and shall have been resident in the United States for one year next 
preceding, and shall have made oath of his intention to become a citizen thereof, the sum of thirty 
dollars ; if a subject of the Crown of Great Britain, the sum of five hundred dollars, and all other per- 
sons the sum of three hundred dollars ; for which payment duplicate receipts shall be taken, one of 
which to be filed in the office of the Treasurer. And the money received into the Treasury under 
this act shall constitute a fund for the payment of the salaries of the officers and clerks herein pro- 
vided for, and all other expenses of the Patent Office, and to be called the Patent Fund. 

Sec. 10. And be it further enacted, That where any person hath made, or shall have made, any new 
invention, discovery, or improvement, on account of which a patent might by virtue of this act be 
granted, and such person shall die before any patent shall be granted therefor, the right of applying 
for and obtaining such patent shall devolve on the executor or administrator of such person, in trust 
for the heirs-at-law of the deceased, in case he shall have died intestate ; but if otherwise, then in 
trust for his devisees, in as full and ample manner, and under the same conditions, limitations, and 
restrictions, as the same was held, or might have been claimed or enjoyed by such person in liis or 
her lifetime ; and when application for a patent shall be made by such legal representatives, the oath 
or affirmation provided in the sixth section of this act shall be so varied as to be applicable to them. 

Sec. 11. And be it further enacted, That every patent shall be assignable in law, either as to the 



whole interest, or any undivided part thereof, by any instrument in writing ; which assignment, and 
alBO every grant and conveyance of the exclusive right under any patent, to make and use, and to 
grant to others to make and use, the thing patented within and throughout any specified part or por- 
tion of the United States, shall be recorded in the Patent Office within three months from the execu- 
tion thereof, for which the assignee or grantee shall pay to the Commissioner the sum of three 
dollars. 

Sec. 12. And be it further enacted, That any citizen of the United States, or alien who shall have 
been a resident of the United States one year next preceding, and shall have made oath of his intention 
to become a citizen thereof, who shall have invented any new art, machine, or improvement thereof 
and shall desire further time to mature the same, may, on paying to the credit of the Treasury, in 
manner as provided in the ninth section of this act, the sum of twenty dollars, file in the Patent Office 
a caveat setting forth the design and purpose thereof, and its principal and distinguishing character- 
istics, and praying protection of his right, till he shall have matured his invention ; which sum of 
twenty dollars, in case the person filing such caveat shall afterwards take out a patent for the inven- 
tion therein mentioned, shall be considered a part of the sum herein required for the same. And 
such caveat shall be filed in the confidential archives of the office, and preserved in secresy. And if 
apphcation shall be made by any other person, within one year from the time of filing such caveat, 
for a patent of any invention with which it may in any respect interfere, it shall be the duty of the 
Commissioner to deposite the description, specifications, drawings, and model, in the confidential 
archives of the office, and to give notice (by mail) to the person filing the caveat of such application, 
who shall within three months after receiving the notice, if he would avail himself of the benefit of 
his caveat, file his description, specifications, drawings, and model; and if, in the opinion of the Com- 
missioner, the specifications of claim interfere with each other, like proceedings may be had in all re- 
spects as are in this act provided in the case of interfering applications. Provided, however, That no 
opinion or decision of any board of examiners, under the provisions of this act, shall preclude any 
person interested in favor of or against the validity of any patent which has been or may hereafter hie 
granted, from the right to contest the same in any judicial court, in any action in which its validity may 
come in question. 

Sec. 13. And be it further enacted, That whenever any patent, which has heretofore been granted, or 
which shall hereafter be granted, shall be inoperative or invalid, by reason of a defective or insuffi- 
cient description or specification, or by reason of the patentee claiming in his specification, as his own 
invention, more than he had or shall have a right to claim as new, if the error has or shall have arisen 
by inadvertency, accident, or mistake, and without any fraudulent or deceptive intention, it shall be 
lawful for the Commissioner, upon the surrender to him of such patent, and the payment of the fur- 
ther duty of fifteen dollars, to cause a new patent to be issued to the said inventor for the same inven- 
tion, for the residue of the period then unexpired, for which the original patent, was granted, in accord- 
ance with the patentee's corrected description and specification. And in case of his death, or any 
assignment by him made of the original patent, a similar right shall vest in his executors, administra- 
tors, or assignees. And the patent so re-issued, together with the corrected description and specifica- 
tions, shall have the same efl'ect and operation in law, on the trial of all actions hereafter commenced 
for causes subsequently accruing, as though the same had been originally filed in such corrected tbnn, 
before the issuing of lie original patent. And whenever the original patentee shall be desirous of 
adding the description and specification of any new improvement of the original invention or discor- 
ery, which shall have been invented or discovered by him subsequent to the date of his patent, ho 
may, like proceedings being had in all respects as in the case of original appHcations, and on the pay- 
ment of fifteen dollars, as hereinbefore provided, have the same annexed to the original description 
and specification; and the Commissioner shall certify, on the margin of such annexed description and 
specification, the time of its being annexed and recorded ; and the same shall thereafter have the same 
effect in law, to all intents and purposes, as though it had been embraced in the original description 
and specification. 

Sec. 14. And be it further enacted, That whenever, in any action for damages [for] making, using, or 
selling the thing whereof the exclusive right is secured by any patent heretofore granted, or by any 
patent which may hereafter be granted, a verdict shall be rendered for the plaintiff in such action, it 
shall be in the power of the court to render judgment of any sum above the amomit found by such 
verdict as the actual damages sustained by the plaintiff, not exceeding three times the amount thereof 
according to the circumstances of the case, with costs ; and such damages may be recovered by 
action on the case, in any court of competent jurisdiction, to be brought in the name or names of the 
person or persons interested, whether as patentee, assignees, or as grantees of the exclusive right 
within and throughout a specified part of tne United States. 

Skc. 15. And be it further enacted. That the defendant in any such action shall be permitted to plead 
the general issue, and to give this act and any special matter in evidence, of which notice in writing 
may have been given to the plaintiff" or his attorney, thirty days before trial, tending to prove that the 
description and specification filed by the plaintiff, does not contain the whole truth relative to his in- 
vention or discovery, or that it contains more than is necessary to produce the described effect; which 
concealment or addition shall fully appear to have been made for the purpose of deceiving the public, 
or that the patentee was not the original and first inventor or discoverer of the thing patented, or of 
a substantial and material part thereof claimed as new, or that it had been described in some public 
work anterior to the supposed discovery thereof by the patentee, or had been in pubhc use or on 
sale with the consent and allowance of the patentee before his application for a patent, or that he had 
surreptitiously or unjustly obtamed the patent for that which was in fact invented or discovered by 
another, who was using reasonable diligence in adapting and perfecting the same ; or that the patentee^ 
if an aUen at the time the patent was granted, had failed and neglected, for the space of eighteen 
months from the date of the patent, to put and continue on sale to the public, on reasonable terms, 
the invention or discovery for which the patent issued ; and whenever the defendant relies in hia 
defence on the fact of a previous invention, knowledge, or use of the thing patented, he shall state, in 
his notice of special matter, the names and places of residence of those whom he intends to prove to 
have possessed a prior knowledge of the thing, and where the same had been used ; in either of which 
cases, judgment shall be rendered for the defendant, with costs : Provided, however, That whenever Vf 
ehall satisfactorily appear that the patentee, at the time of making his apphcation for the patent b' 
lieved himself to be the first inventor or discoverer of the thing patented, the same shall not be h' Jf'j 
to be void on account of the invention or discovery, or any part thereof, having been before kn' aid 
or nsed in any foreign country ; it not appearing that the same, or any substantial part thereof J^n 
before been patented or described in any printed publication: And provided, also, That whene' < had . 
plaintiff shall fail to sustain his action on the ground that in his specification or claim is embrac /er the 
than that of which he was the first inventor, if it ehaU appear tiiat the defendant had used o^ «dmore 

; Violated 



" aay part of the invention justly and tinily epecified and claimed as new, it shall be in the power of the 
court to adjudge and award, as to costs, as may appear to be just and equitable. 

Sec. 16. And be it further enaaed, That whenever there shall be two interfering patents, or when- 
ever a patent or application shall have been refused on an adverse decision of a board of examiners, 
on the groxmd that that patent applied for would interfere with an unexpired patent previously grant- 
ed, any person interested in any such patent, either by assignment or otherwise in the one case, and 
any such applicant in the other case, may have remedy by bill inequity; and the court having cognizance 
thereof, on notice to adverse parties, and other due proceedings had, may adjudge and declare either 
the patents void in the whole or in part, or inoperative and invalid in any particular part or portion of 
the United States, according to the interest which the parties to such suit may possess in the patent or 
the inventions patented, and may also adjudge that such applicant is entitled, according to the princi- 
ples and provisions of this act, to have and receive a patent for his invention, as specified in his claim, 
or for any part thereof as the fact of priority of right or invention shall, in any such case, be made to 
appear. And such adjudication, if it be in favor of the right of such applicant, shall authorize the 
Commissioner to issue such patent, on his filing a copy of the adjudication, and otherwise complying 
with the requisitions of this act. Provided, however, That no such judgment or adjudication shall af- 
fect the rights of any person, except the parties to the action, and those deriving title from or under 
them subsequent to the rendition of such judgment. 

Sec. 17. And be it further enticted, That all actions, suits, controversies, and cases arising under any 
law of the United States, granting or confirming to inventors the exclusive right to their inventions or 
discoveries, shall be originally cognizable, as well in equity as at law, by the circuit courts of the Uni- 
ted States, or any district court having the powers and jurisdiction of a circuit court ; which courts 
shall have power, upon a bill in equity filed by any party aggrieved, in any such case, to grant injunc- 
tions, according to the course and principles of courts of equity, to prevent the violation of the rights 
of any inventor as secured to him by any law of the United States, on such terms and conditions as 
said courts may deem reasonable : Provided, however, That from all judgments and decrees from 
any such court rendered in the premises, a writ of error or appeal, as the case may require, shall He 
to the Supreme Court of the United States, in the same manner and under the same circumstances as 
is now provided by law in other judgments and decrees of circuit courts, and in all other cases in 
which the courts shall deem it reasonable to allow the same. 

Sec. 18. And be it further enacted, That whenever any patentee of an invention or discovery shall 
desire an extension of his patent beyond the term of its limitation, he may make application therefor, 
in writing, to the Commissioner of the Patent Office, setting forth the grounds thereof; and the Com- 
missioner shall, on the applicant's paying the sum of forty dollars to the credit of the Treasury, as in 
the case of an original application for a patent, cause to be published in one or more of the principal 
newspapers in the city of Washington, and in such other paper or papers as he may deem proper, 
published in the section of country most interested adversely to the extension of the patent, a notice 
of such application, and of the time and place when and where the same will be considered, that any 
person may appear and show cause why the extension should not be granted. And the Secretary of 
State, the Commissioner of the Patent Office, and the Solicitor of the Treasury, shall constitute a 
board to hear and decide upon the evidence produced before them, both for and against the extension, 
and shall sit for that purpose at the time and place designated in the published notice thereof. The 
patentee shall furnish to said board a statement, in writing, under oath, of the ascertained value of the 
invention, and of his receipts and expenditures, sufficiently in detail to exhibit a true and faithful ac- 
count of loss and profit in any manner accruing to him from and by reason of said invention. And 
if, upon a hearing of the matter, it shall appear to the full and entire satisfaction of said board, having 
due regard to the public interest therein, that it is just and proper that the term of the patent should 
be extended by reason of the patentee, without neglect or fault on his part, having failed to obtain, 
from the use and sale of his invention, a reasonable remuneration for the time, ingenuity, and expense 
bestowed upon the same, and the introduction thereof into use, it shall be the duty of the Commissioner 
to renew and extend the patent, by making a certificate thereon of such extension for the term of seven 
years from and after the expiration of the first term ; which certificate, with a certificate of said board 
of their judgment and opinion as aforesaid, shall be entered on record in the Patent Office ; and there- 
upon the said patent shall have the same eflfect in law as though it had been originally granted for the 
term of twenty-one years ; and the benefit of such renewal shall extend to assignees and grantees of 
the right to use the thing patented, to the extent of their respective interests therein : Provided, how- 
ever, That no extension of a patent shall be granted after the expiration of the term for which it was 
originally issued. 

Sec. 19. And be it further enacted, That there shall be provided, for the use of said office, a library 
of scientific works and periodical publications, both foreign and American, calculated to facilitate the 
discharge of the duties hereby required of the chief officers therein, to be purchased under the direc- 
tion of the Committee of the Library of Congress. And the sum of fifteen hundred dollars is hereby 
appropriated for that purpose, to be paid out of the patent fund. 

Sec. 20. And be it further enacted. That it shall be the duty of the Commissioner to cause to be 
classified and arranged, in such rooms or galleries as may be provided for that purpose, in suitable 
cases, when necessary for their preservation, and in such manner as shall be conducive to a beneficial 
and favorable display thereof, the models and specimens of compositions and of fabrics, and other 
manufactures and works of art, patented or unpatented, which have been, or shall hereafter be, de- 
posited in said office. And said rooms or galleries shall be kept open during suitable hours for public 
inspection. 

Skc. 21. And be it further enacted. That all acts and parts of acts heretofore passed on this subject, 
be, and the same are hereby, repealed : Provided, however, That all actions and processes in law or 
equity sued out prior to the passage of this act, may be prosecuted to final judgment and execution, 
in the same manner as though this act had not been passed, excepting and saving the application to 
any such action of the provisions of the fourteenth and fifteenth sections of this act, so far as they 
may be applicable thereto : And provided, also, That all applications for petitions for patents, pend- 
ing at the time of the passage of this act, in cases where the duty has been paid, shall be proceeded 
'With and acted on in the same manner as though filed after the passage thereof 

JAMES K. POLK, 
Speaker of the House of Representatives. 
W. R. KING. 
President of tlu ScnaU pro tempore. 

Approved July 4, 1836. 
"^ ' ANDREW JACKSON. 



AN ACT IN ADDITION TO THE ACT TO PROMOTE THE PROGRESS OF 
SCIENCE AND USEFUL ARTS. 

Be it enacted by the Senate and House of Representatives of the United States of America in Coiigress 
Assembled, That any person who may be in possession of, or in any way interested in, any patent 
for an invention, discovery, or improvement, issued prior to the fifteenth day of December, in the 
year of our Lord one thousand eight hundred and thirty-six, on in an assignment of any patent, or 
interest therein, executed and recorded prior to the said fifteeijth day of December, may, without 
charge, on presentation, or transmission thereof to the Commissioner ot Patents, have the same re- 
corded anew in the Patent Office, together with the descriptions, specifications of claims, and draw- 
ings annexed or belonging to the same ; and it shall be the duty of the Commissioner to cause the 
same, or any authenticated copy of the original record, specification, or drawing, which he may ob- 
tain, to be transcribed and copied into books of record to be kept for that purpose ; and whenever a 
drawing was not originally annexed to the patent and referred to in the specification, any drawing 
produced as a delineation of the invention, being verified by oath in such manner as the Commissioner 
shall require, may be transmitted and placed on file, or copied as aforesaid, together with certificate 
of the oath ; or such drawings may be made in the office, under the direction of the Commissioner, 
in conformity with the specifa^cation. And it shall be the duty of the Commissioner to take such meas- 
Tirea as may be advised and determined by the Board of Commissioners provided for in the fourth 
section of this act, to obtain the patents, specifications, and copies aforesaid, for the purpose of being 
so transcribed and recorded. And it shall be the duty of each of the several clerks of the judicial 
courts of the United States to transmit, as soon as may be, to the Commissioner of the Patent 
Office, a statement of all the authenticated copies of patents, descriptions, specifications, and drawings 
of inventions and discoveries made and executed prior to the aforesaid fifteenth day of December, 
which may be found on the files of his office ; and also to make out and transmit to said Commission- 
er, for record as aforesaid, a certified copy of every such patent, description, specification, or drawing,, 
which shall be specially reqviired by said Commissioner. 

Sec. 2. And be it further enacted. That copies of such record and dravrings, certified by the Com- 
missioner, or, in his absence, by the chief clerk, shall be prima facie evidence of the particulars of the 
invention and of the patent granted therefor, in any judicial court of the United States, in all cases 
where copies of the original record or specification and drawings would be evidence, without proof 
of the loss of such originals ; and no patent issued prior to the aforesaid fifteenth day of December 
shall, after the first day of June next, be received in evidence in any of the said courts in behalf of 
the patentee or other person who shall be in possession of the same, unless it shall have been so re- 
corded anew, and a drawing of the invention, if separate from the patent, verified as aforesaid, depos- 
ited in the Patent Office ; nor shall any written assignment of any such patent, executed and recorded 
prior to the said fifteenth day of December, be received in evidence in any of the said courts in behalf 
of the assignee or other person in possession thereof, until it shall have been so recorded anew. 

Sec. 3. And be it further enacted, That, whenever it shall appear to the Commissioner that any pa- 
tent was destroyed by the burning of the Patent Office building on the aforesaid fifteenth day of De- 
cember, or was otherwise lost prior thereto, it shall be his duty, on application therefor by the patentee 
or other person interested therein, to issue a new patent for the same invention or discovery, bearing, 
the date of the original patent, with his certificate thereon, that it was made and issued pursuant to- 
the provisions of the third section of this act, and shall enter the same of record : Provided, however,. 
That before such patent shall be issued, the apphcant therefor shall deposite in the Patent Office a 
duplicate, as near as may be, of the original model, drawings, and descriptions, with specifications of 
the invention or discovery, verified by oath, as shall be required by the Commissioner ; and such 
patent and copies of such drawings and descriptions, duly certified, shall be admissible as evidence in 
any judicial court of the United States, and shall protect the rights of the patentee, his administrators, 
heirs, and assigns, to the extent only in which they would have been protected by the original patent 
and specification. 

Sec. 4. And be it further enacted, That it shall be the duty of the Commissioner to procure a dupli- 
cate of such of the models destroyed by fire on the aforesaid fifteenth day of December, as were most 
valuable and interesting, and whose preservation would be important to the public ; and such as 
would be necessary to faciUtate the just discharge of the duties imposed by law on the Commissioner 
in issuing patents, and to protect the rights of the public and of patentees in patented inventions and 
improvements : Provided, That a dupUcate of such models may be obtained at a reasonable expense : 
And provided, also, That the whole amount of expenditure for this purpose shall not exceed the sum 
of one hundred thousand dollars. And there shall be a temporary board of commissioners, to be 
composed of the Commissioner of the Patent Office and two other persons to be appointed by the 
President, whose duty it shall be to consider and determine upon the best and most judicious mode 
of obtaining models of suitable construction ; and also to consider and determine what models may 
be procured in pursuance of, and in accordance with, the provisions and hmitations in this section 
contained. And said Commissioners may make and establish all such regulations, terms, and condi- 
tions, not inconsistent with law, as in their opinion may be proper and necessary to carry the provis- 
ions of this section into effect, according to its true intent. 

Sec. 5 And be it further enacted, That whenever a patent shall be returned for correction and re- 
issue, under the thirteenth section of the act to which this is additional, and the patentee shall desire 
several patents to be issued for distinct and separate parts of the thing patented, he shall first pay, in 
manner and in addition to the sum provided by that act, the sum of thirty dollars for each additional 
patent so to be issued: Provided, hawever, That no patent made prior to the aforesaid fifteenth day of 
December, shall be corrected and re-issued until a duplicate of the model and drawing of the thing 
as originally invented, verified by oath as shall be required by the Commissioner, shall be deposited in 
the Patent Office. Nor shall any addition of an improvement be made to any patent heretofore grant- 
ed, nor any new patent be issued for an improvement made in any machine, manufacture, or process, 
to the original inventor, assignee, or possessor, of a patent therefor, nor any disclaimer be admitted to 
record, until a duplicate model and drawing of the tiling originally invented, verified as aforesaid, shall 
have been deposited in the Patent Office, if the Commissioner shall require the same ; nor shall any 
patent be granted for an invention, improvement, or discovery, the model or drawing of which shall 
have been lost, until another model and drawing, if required by the Commissioner, shall, in like man- 
ner, be deposited in the Patent Office. And in all such cases, as well as in those which may arise 
•under the third section of this act, the question of compensation for such models and drawing, shall 
be subject to the judgment and decision of the Commissioners provided for in the fourth section, under 
the same limitations and restrictions as are therein prescribed 



8 



to the assignee or assignees ot t^« ^r bein^ dul^made and the specification duly sworn to by the 
of record, and the ?PP^^«f ^T^e^^^^^^ shall be held to furnish duplicate draw- 

Srwhenet^^SeiraS:?^^^^ ^ ^^^ °^- ^^^ ^^^ °^^^^ 

\o%e annexed to the Patent and consj^^^^^^^^ ^ inadvertence, ac- 

Sec. 7. Andbe it f^'^l.^J^'^'J^^^^l^^^^^^ 'oo broad, claiming more than that of which he 

cident^ or 'i^i^tal.e made his pec faca^^^^^ ^f^^^ ^^^„ p^^^^, d being truly 

•was the original or first inventor, some ™'f P/^^' ^. • . . executors, and assigns, whether of the 

and justly his own, any such P^^^^.^^^^ J;^^^^^,^^^^^^^ of such parts of the thing patented as the 

whole or of asectiona interest therein may m^^^^^^ ^^^^|.^ ,^3 ^^,,^, of 

disclaimant shall not claim *" ^old ^^ irtue ^^^^ ^^t.gt^d by one or more witnesses, and 

his interest in such patent ; which disclaimer sftauoe in ° • ^^nner as other patent duties 

recorded in the Patent Office on payment by tl^eperson^^^^ disclaimer shall thereafter be 

are required by law to be Pf <i^«f f^^^Sl soecific^^^^^^^^^^ to the extent of the interest which shall be 
taken and considered as part of the ^"^^^J^fP^ ufig ^"sclaim^^ and by those claiming by or under 
possessed in the patent or "ght seeded ^er^by byjhe disc^a^^^^^ ^^^y ^ ^^^^^ ^^^.^^ 

r^ SrbeTnglS eTcSt soT as iS^JrelatTto'the question of unreasonable neglect or delay 

for any addition of a ^ewly discovered improvement to oe f ^ ^^.^ annexed to every 

a patent «hallbe returned for correct^^^ manner as are original applica- 

«uch patent shall be subject to T«^i«i<'V,^^"^/,^'Jf ^^^^ improvement to the patent in the one 

tions for patents ; the P<^'^'^''Z^''^f^^^\,^i theVpphcant shall have entered a disclaimer, or 
case, nor grant the re-issue i^J^^"*^^^-^^'^;,^^ wX^^^ of the Commissioner ; and m all 

altered his specificahon o^^l^^J^^^^J^^^S^J^b decision, shall have the same remedy, and be 

rnSieTrth^beSroTih^^trp^^^^^^^^ 

tionaLto the contrary notwithstanding) That v,h^^^ . ^^^^^^ shall have in his 

without any wilful default or mtent to ^efrai^^i or mislead the p, y^P ^^^^^.^^ ^^ substantia 
specification claimed to be the original and ^^f ^^JJgJ^ and original inventor, and shall have no legal 
p^art of the thing patented, ot ^l^f^^^^^^^^^/^^^Vage the patent s^ all be deemed good and valid for so 
or just right to claim the s^"^^' "i^^^^'Juln be t?ulv and bona fide his own : Provided, It shall be a 
much of the invention or discovery as shall be d-uiy ana o distinguishable from the other 

material and substantial part of tj^«"i«^S Patented and oeae patentee, his executors, administrators 
parts so claimed without "S^^t as aforesaid. And e^^^^^^^^^ ^^^^^^^ ^^^^^^^ ^^ ^^^^^^ a suit 

imd assigns, whether of a who e or of ^ secbonaMntere t ^^ ^^^ invention or discovery as 

at law or in equity on such Patent jor any intrmgM ^ ^cation may embrace more than he 

shall be bona tide his own as aforesaid notwith^^^^^^ P ^^^.^^ ^ j^dg^nent or verdict shall be 

shall have any legal right to claim. ^^f^fpSL^ recover costs against the defendant, unless he 
rendered for the Plaint^, he shall not be ent tied to re^^^ ^^.^^ ^ disclaimer of .all 

shall have entered at the Patent Office, prior to the comm^^ provided, however. That no per- 

that part of the thing patented which was so cl^^^^^^^^^^ ^^^^^^^^ i^ ,^, section, 

X'SrLTe^SL^o^aS^^^^^^^^^^^ enter a^t the Patent Office a disclaimer as 

appoint agents in not exceeding twenty ot Jhe P™cipai ^cuie receiving and forwarding 

bSst accommodate the diftejent sections of the country lor he p^ ^^ ^^^^^ be intended 

rofe^^n^^r detoSTh^^^ the same to be chargeable to the patent 

^Sc. 11. Ar.d u u i^^-«-^sSi;^sf ss:5 ^^;:;;s:J:in'i?is:;tsi^o^ 

section of the act to which this is ^f dm^naUhere shau oe app ,^^ ^^^^^^^ . ^^^^ ^^^^^ ^^^,. 

two examining clerks, each to ^"cceive an annual salary otnnee ^^^^ Commissioner is also 

tional copying clerk, at an ^^""^^//.^^ ^/^^ight hu^^^^^^^^^ ^^ ^^ necessary to execute 

authorized to employ, from time to time as man> tempoi y ^^ examine and compare the 

S^r?ir.rTXi'r:fr;r;'blSj .°=ru^r?p;S'two..hWs„t .he du,y >« ..>,. h.ve p.,d 
tato the Treasury on account of such »PP'":f °°. ,„ ^^ich m oath is required by this act, or by 
J-tS „ti'^vlt«ai.fo''nTS - rS Th^'r^-''" '"" " '°"'""""'" ' '7 

patents and for fees tor copies ^^^^^hed by the Supenntenaem ^^^^ ^.^^^ created by 

sage of the act of which this i««dditional shall be camea to^ ^^^ ^^ appropriated for 

said act; and the moneys constituting said tundshal be. ^a^^^^^ ^^^ ^^j ^^j^^^ expenses of 

the oavment of the salaries of the officers and clerKs P.ro^iaeu u> , . ^^^-^^ ^^^^^^ 

SePaS Office including all the expenditures pro^.ded fo^^^ Commissioner is 

purposes as are or maybe hereafter specially provided fo, by ^^ ^^ ^^ shall be necessary 

Lreby authorized to draw upon «%d fuiul ^rom time to t..^^^^^^^^^^ ^^^ ^^^^^^^^ limitations herein 
to carry into effect the provisions of this act,f veined nowtve^y^^ annually, a 

contained. And it shall be his duty to •^y^'^efore Congress.^n th^ ^^.^ ^.^^^^ ^,^^^ ^^ hall 

detaaed statement of the expenditures and Pay^^nts ^Y hnn m ^ ^.^^ ^^ aU patents which 

t^^Sl ^1 ^^r^SISSnftrp^cJdfng ;;^a;X'igliu,/inder proper heads, the subjects of 



9 

8uch patents, and furnishing an alphabetical list of the patentees, with their places of residence ; and 
he shall also furnish a list of all patents which shall have become public property during the same 
period ; together with such other information of the state and condition of the Patent OflSce as may 
be useful to Congress or to the public. 
Approved, March "id, 1837. 

A BILL IN ADDITION TO AN " ACT TO PROMOTE THE PROGRESS OF 

THE USEFUL ARTS." 

Be it enacted hy the Senate and House of Representatives of the United States of America in Congress 
Assembled, That there shall be appointed, in manner provided in the second section of the act to 
which this is additional, two assistant examiners, each to receive an annual salary of twelve hundred 
and fifty dollars. 

Sec. 2. And be it further enacted, Thatthe Commissioner be authorized to employ temporary clerks 
to do any necessary transcribing, whenever the current business of the office requires it ; Provided, 
hoTcever, That, instead of salary ,"a compensation shall be allowed^ at a rate not greater than is charged 
for copies now furnished by the office. 

Sec. 3. And be it further enacted, Thatthe Commissioner is hereby authorized to publish a classified 
and alphabetical list of all patents granted by the Patent Office preA'ious to said publication, and retain 
one hundred copies for the Patent Office, and nine hundred copies to be deposited in the library of 
Congress, for such distribution as may be hereafter directed ; and that one thousand dollars, if neces- 
saryT be appropriated, out of the patent fund, to defray the expense of the same. 

Sec. 4. And be it further enacted, That the sum of three thousand six hundred and fifty-nine dollars 
and twenty-two cents be, and is hereby, appropriated from the patent fund, to pay for the use and 
occupation of rooms in the City Hall by the Patent Office. 

Sec. 5. And be it further enacted, That the sum of one thousand dollars be appropriated from the 
patent fund, to be expended under the direction of the Commissioner, for the purchase of necessary 
books for the library of the Patent Office. 

Sec. 6. And be it further enacted. That no person shall be debarred from receiving a patent for any 
invention or discovery, as provided in the act approved on the fourth day of July, one thousand eight 
hundred and thirty-six, to which this is additional, by reason of the same having been patented in a 
foreign country more than six months prior to his application : Provided, That the same shall not have 
been introduced into public and common use in the United States prior to the application for such 
patent: And provided, also, That in all cases every such patent shall be limited to the term of four- 
teen years from the date or publication of such foreign letters patent. 

Sec. 7. And be it further enacted, That every person or corporation who has, or shall have, pur- 
chased or constructed any newly invented machine, manufacture, or composition of matter, prior to 
the application by the inventor or discoverer for a patent, shall be held to possess the right to use, 
and vend to others to be used, the specific machine, manufacture, or composition of matter so made 
or purchased, without liability therefor to the inventor, or any other person interested in such inven- 
tion ; and no patent shall be held to be invalid by reason of such purchase, sale, or use, prior to the 
application for a patent as aforesaid, except on proof of abandonment of such invention to the public, 
or that such purchase, sale, or prior use has been for more than two years prior to such application for 
a patent 

Sec. 8. And be it further enacted, That so much of the eleventh section of the above recited act as 
requires the payment of three dollars to the Commissioner of Patents for recording any assignment, 
grant, or conveyances of the whole or any part of the interest or right under any patent, be, and the 
same is hereby repealed ; and all such assignments, grants, and conveyance shall, in future, be re- 
corded without any charge whatever. 

Sec. 9. And be it further enacted, That a sum of money, not exceeding one thousand dollars, be, 
and the sanje is hereby, appropriated out of the patent fund, to be expended by the Commissioner of 
Patents in the collection of agricultural statistics, and for other agricultural purposes ; for which the 
said Commissioner shall account in his next annual report. 

Sec 10. And be it further enacted. That the provisions of the sixteenth section of the before recited 
act shall extend to all cases where patents are refused for any reason whatever, either by the Com- 
missioner of Patents, or by the Chief Justice of the District of Columbia, upon appeals from the de- 
cision of said Commissioner, as well as where the same shall have been refused on account of, or by 
reason of, interference with a previously existing patent ; and in all cases where there is no opposing 
party, a copy of the bill shall be served upon tiie Commissioner of Patents, when the whole of the 
expenses of the proceeding shall be paid by the apphcant, whether the final decision shall be in his 
favor or otherwise. 

Sec. 11. And be it further enacted, That in cases where an appeal is now allowed by law from the 
decision of the Commissioner of Patents to a board of exammers provided for in the seventh section 
of the act to which this is additional, the party, instead thereof, shall have aright to appeal to the Chief 
Justice of the district court of the United States for the District of Columbia, by giving notice thereof 
to the Commissioner, and filing in the Patent Office, within such time as the Commissioner shall ap- 
point, his reasons of appeal, specifically set forth in writing, and also paying into the Patent Office, to 
the credit of the patent fund, the sam of twenty-five dollars. And it shall be the duty of said Chief 
Justice, on petition, to hear and determine all such appeals, and to revise such decisions in a summary 
way, on the evidence produced before the Commissioners, at such early and convenient time as he 
may appoint, first notifying the Commissioner of the time and place of hearing, whose duty it shall be 
to give notice thereof to aU the parties who appear to be interested therein, in such manner as said 
judge shall prescribe. The Commissioner shall also lay before the said judge all the original papers 
and evidence in the case, together with the grounds of his decision, fully set forth in writing, touching 
all the points involved by the reasons of appeal, to which the revision shall be confined. And at the 
request of any party interested, or at the desire of the judge, the Commissioner and the examiners in 
the Patent Office may be examined under oath, in explanation of the principles of the machine or 
other thing for which a patent, in such case, is prayed for. And it shall be the duty of the said judge, 
after a hearing of any such case, to return all the papers to the Commissioner, with a certificate of 
his proceedings and decision, which shall be entered of record in the Patent Office ; and such decis- 
ion, so certified, shall govern the further proceedings of the Commissioner in such case : Provided, 
however. That no opinion or decision of the judge in any such case shall preclude any person interested 
in favor or against the validity of any patent which has been, or may hereafter be, granted, from the- 



10 

right to contest the same in any judicial court, in any action in which its validity may come in 
question. 

Sec. 12. A7id be it further enacted, That the Commissioner of Patents shall have pov^er to make all 
such regulations in respect to the taking of evidence to be used in contested cases before him, as 
may be just and reasonable. And so much of the act to which this is additional as provides for a 
board of examiners, is hereby repealed. 

Sec. 13. And be it further enacted. That there be paid annually, out of the patent fund, to the said 
Chief Justice, in consideration of the duties herein imposed, the sum of one hundred dollars. 

Approved, March "id, 1839. 

AN ACT IN ADDITION TO AN ACT TO PROMOTE THE PROGRESS OF THE 
USEFUL ARTS AND TO REPEAL ALL ACTS AND PARTS OF ACTS HERE- 
TOFORE MADE FOR THAT PURPOSE. 

Be it enacted by the Senate and House of Representatives of the United States of Ame^-ica in Congress 
assembled, That the Treasurer of the United States be, and he hereby is, authorized to pay back, out 
of the patent fund, any sum or suras of money, to any person who shall have paid the same into the 
Treasury, or to any receiver or depository to the credit of the Treasurer, as for fees accruing at the 
Patent Office through mistake, and which are not provided to be paid by existing laws, certificate 
thereof being made to said Treasurer by the Commissioner of Patents. 

Sec. 2. And be it further enacted. That the third section of the act of March, eighteen hundred and 
thirty-seven, which authorizes the renewing of patents lost prior to the fifteenth of December, 
eighteen hundred and thirty -six, is extended to patents granted prior to said fifteenth day of Decem- 
ber, though they may have been lost subsequently : Provided, however, The same shall not have 
been recorded anew under the provisions of said act. 

Sec. 3. And be it further enacted. That any citizen or citizens, or alien or aliens, having resided one 
year in the United States, and taken the oath of his or their intention to become a citizen or citizens, 
who by his, her, or their own industry, genius, eflbrts, and expense, may have invented or produced 
any new and original design for a manufacture, whether of metal or other material or materials, or 
any new and original design for the printing of woollen, silk, cotton, or other fabrics, or any new and 
original design for a bust, statue, or bas relief or composition in alto or basso reUevo, or any new and 
original impression or ornament, or to be placed on any article of manufacture, the same being 
formed in marble or other material, or any new and useful pattern, or print, or picture, to be either 
worked into or worked on, or printed, or painted, or cast, or otherwise fixed on, any article of manu- 
facture, or any new and original shape or configuration of any article of manufacture not known or 
used by others, before his, her, or their invention or production thereof, and prior to the time of his, 
her, or their application for a patent therefor, and who shall desire to obtain an exclusive property 
or right therein to make, use, and sell and vend the same, or copies of the same, to others, by them 
to be made, used, and sold, may make appUcation, in writing, to the Commissioner of Patents ex- 
pressing such desire, and the Commissioner, on due proceedings had, may grant a patent therefor, 
as in the case now of application for a patent : Provided, That the fee in such cases, which by the now 
existing laws would be required of the particular applicant, shall be one-half the sum, and that the 
duration of said patent shall be seven years, and that all the regulations and provisions which now 
apply to the obtaining or protection of patents not inconsistent with the provisions of this act, shall 
apply to applications under this section. 

Sec. 4. And be it further enacted, That the oath required for applicants for patents rnay be taken, 
when the applicant is not, for the time being, residing in the United States, before any minister, pleni- 
potentiary, charge d'affaires, consul, or commercial agent holding commission under the Government 
of the United States, or before any notary pubUc of the foreign country in which such apphcant 
may be. 

Sec. 5. And be it further enacted. That if any person or persons shall paint, or print, or mould, 
cast, carve, or engrave, or stamp, upon any thing made, used, or sold by him, for the sole making or 
selling which he hath not, or shall not have obtained letters patent, the name or any imitation of the 
name of any other person who hath or shall have obtained letters patent for the sole making and 
vending of such thing, without consent of such patentee, or his assigns or legal representatives ; or 
if any person, upon any such thing not having been purchased from the patentee, or some person 
who purchased it from or under such patentee, or not having the license or consent of such patentee, 
or his assigns or legal representatives, shall write, paint, print, mould, cast, carve, or engrave, stamp, or 
otherwise make or affix the word " patent," or the words " letters patent," or the word " patentee," or 
any word or words of like kind, meaning, or import, with the view or intent of imitating or counter- 
feiting the stamp, mark, or other device of the patentee, or shall affix the same, or any word, stamp, 
or device of like import, on any unpatented article, for the purpose of deceiving the public, he. she, 
or they, so oflFending, shall be liable for such oflence to a penalty of not less than one hundred dollars, 
with costs, to be recovered by action in any of the circuit courts of the United States, or in any of 
the district courts of the United States having the powers and jurisdiction of a circuit court ; one-half 
of which penalty, as recovered, shall be paid to the patent fund, and the other half to any person or 
persons who shall sue for the same. 

Sec. 6. And be it further enacted, That all patentees and assignees of patents hereafter granted, are 
hereby required to stamp, engrave, or cause to be stamped or engraved, on each article vended or 
oflfered for sale, the date of the patent ; and if any person or persons, patentees or assignees, shall 
neglect to do so, he, she, or they shall be liable to the same penalty, to be recovered and disposed of 
in the manner specified in the foregoing fifth section of this act. 

Approved, August 29lh, 1842. 



11 
INFORMATION 

TO PERSONS HAVING BUSINESS TO TRANS ACT AT TH E 

PATEIT OFFICE. 



The existing laws relating to patents are those approved July 4, 1836, March 3, 
1837, and March 3, 1839, all former acts having been repealed by the act of 1836. 

" Patents are granted for any new and useful art, machine, manufacture, or composi- 
tion of matter, or any new and useful improvement on any art, machine, manufacture, 
or composition of matter, not known or used by others before his or their discovery, 
or invention thereof, and not, at the time of his application for a patent, in public use, 
or on sale, with his or their consent, or allowance, as the inventor or discoverer." — Act 
of 1836, section 6. " No patent shall be held to be invalid by reason of the purchase, 
sale, or use, [of the invention,] prior to the application for a patent as aforesaid, ex- 
cept on proof of abandonment of such invention to the public, or that such purchase^ 
sale, or public use, has been for more than two years prior to such application for a 
patent."— Act of March 3, 1839. 

The term for which a patent is granted is fourteen years ; but it may, under certain 
circumstances, be renewed for seven years, as hereinafter mentioned. 

Patents are granted to citizens of the United States, to aliens who shall have been 
resident in the United States one year next preceding, and shall have made oath of 
their intention to become citizens thereof, and also to foreigners who are inventors or 
discoverers. 

A patent may be taken out by the inventor in a foreign country, without affecting 
his right to a patent in the United States, provided the invention has not been intro- 
duced into public and common use in the United States prior to the application for 
such patent. In every such case the patent is limited to fourteen years from the date 
of the foreign letters patent. A patent is not granted upon introduction of a new in- 
vention from a foreign country, unless the person who introduced it be the inventor or 
discoverer. If an alien neglects to put and continue on sale the invention in the Uni- 
ted States, to the public, on reasonable terms, for eighteen months, the patentee loses 
all benefit of the patent. 

Joint inventors are entitled to a joint patent, but neither can claim one separately. 

An inventor can assign his right before a patent is obtained, so as to enable the as- 
signee to take out a patent in his own name ; but the assignment must be first entered 
of record ; and the application therefor must be duly made, and the specification signed, 
and sworn to by the inventor. And in the case of an assignment by a foreigner, the 
same fee vdll be required as if the patent issued to the inventor. 

The assignment of a patent may be to the whole or to an undivided part, " by any 
instrument in writing." All assignments, and also the grant or conveyance of the use 
of the patent in any town, county, state, or specified district, must be recorded in the 
Patent Office within three months from the date of the same. But assignments, if re- 
corded after three months have expired, will be on record as notice to protect against 
subsequent purchases. No fee is now charged for recording assignments. Patents, 
grants, and assignments, recorded prior to the 15th of December, 1836, must be re- 
corded anew before they can be valid as evidence of any title. This is also done free 
of expense. 

In case of the decease of an inventor, before he has obtained a patent for his inven- 
tion, " the right of applying for and obtaining such patent shaU devolve on the admin- 
istrator or executor of such person, in trust for the heirs at law of the deceased, if he 
shall have died intestate ; but if otherwise, then in trust for his devisees, in as full and 
ample manner, and under the same conditions, limitations, and restrictions, as the same 
was held, or might have been claimed or enjoyed, by such person in his or her life- 
time ; and when application for a patent shall be made by such legal representatives, 
the oath or affinnation shall be so varied as to be applicable to them." — Act of 1836, 
section 10. 

The Patent Office will be open for examination during office hours, and applicants 
can personally, or by attorney, satisfy themselves, on inspection of models and specifi- 
cations, of the expediency of filing an application for a patent. 



12 

{^It is unnecessary for an inventor to go to Washington himself, in order to secure a 
patent, as any business relative to patents may be transacted through the Scientific 
American office, New York, with greater facility and far less expense than through any 
other concern. The proprietors of the Scientific American are probably the best patent 
agents of any in the United States, while their charges are extremely moderate, owing 
to the great number of patents which they are constantly securing. Inventors are 
often subjected to much annoyance and expense through the inexperience of the agents 
whom they employ; it is, therefore, advisable that all who can, should have their 
patents secured through the Scientific American office. Letters should be directed to 
MuNN & Co., New York.] — — 

All fees received are paid into the Treasury, and the law has required the payment 
of the patent fee before the application is considered ; two-thirds of which fee is re- 
funded on withdrawing the application. But no money is refunded on the withdrawal 
of an application, after an appeal has been taken from the decision of the Commissioner 
of Patents. And no part of the fee paid for caveats, and on application for the addi- 
tion of improvements, re-issues, and appeals, can be withdrawn. 

It is a frequent practice for inventors to send a description of their inventions to the 
Patent Ofiice, and inquire whether there exists any thing like it, and whether a patent 
can be had therefor. As the lata does not provide for the examination of descriptions 
of new inventions, except upon application for a patent, no answers can be given 
to such inquiries at the Patent Office. 

[Answers of this kind, however, may at all times be obtained at the Scientific Amer- 
ican office. New York, without charge. The publishers of the Scientific American 
having had a long experience in Patent Office matters, can generally give correct in- 
formation relative thereto. Inventors and others who wish to know whether their 
inventions can be patented, or whether any thing of the kind is already secured, may 
make application, as before stated, to the Scientific American office, 128 Fulton street, 
New York. All information is furnished free of charge. Letters should be directed 
(post paid) to MuNN & Co., publishers of the Scientific American, New York City.] 

ON THE APPLICATION FOR A PATENT. 

No application can be examined until the foe for the patent is paid, and the specifi- 
cation, model, and drawings filed. 

The application for a patent must be made by petition to the Commissioner of Patents, 
signifying the desire of obtaining an exclusive property in the invention or discovery, 
and praying that a patent maybe granted therefor, as in the form annexed thereto; 
which petition should be signed by the inventor. 

DESCRIPTION OF SPECIFICATION. 

Before any inventor shall receive a patent for any such new invention or discovery, 
he shall deliver a written description of his invention or discovery, and of the manner 
and process of making, constructing, using, and compounding the same, in such ftill, 
clear, and exact terms, avoiding unnecessary prolixity, as to enable any person skilled 
in the art or science to which it appertains, or with which it is most clearly connected, 
to make, construct, compound, and use the same ; and in case of any machine he shall 
folly explain the principle, and the several modes in which he has contemplated the 
application of that principle, or character, by which it may be distinguished from other 
inventions ; and shall particularly specify and point out the part, improvements, or 
combination, which he claims as his own invention or discovery. — Act of 1836, section 6. 
[See form annexed.] 

It is important, in all cases, to have the specification describe the sections of the 
drawings, and refer by letters to the parts ; duplicate drawings being required. 

A defective specification or drawing may be amended at any time before a patent has 
issued ; in which case the applicant will be required to make oath anew. In case pa- 
pers are withdrawn from the office for alteration or amendment before examination, the 
application will take its term for examination as a new case filed on the day of the 
reception of the altered or amended papers. 

ON NEW IMPROVEMENTS. 

" Whenever the original patentee shall be desirous of adding the description and 
specification of any new improvement of the original invention or discovery, which 



13 

shall have been invented or discovered by him subsequent to the date of his patent, he 
may, like proceeduigs being had in all respects as in the case of original applications, 
and on the payment of fifteen dollars, as hereinafter mentioned, have the same annexed 
to the original description and specification ; and the Commissioner shall certify on the 
margin of such annexed description and specification, the time of its being annexed 
and recorded ; and the same shall thereafter have the same effect in law, to all intents 
and purposes, as though it had been embraced in the original description and specifi- 
cation." — Act of 1836, section 13. 

In all such cases, the claim in the original patent is subject to a re- examination ; and 
if it shall appear that any part of the claim was not original at the time of granting the 
patent, a disclaimer of said part must be filed in the Patent Office, or the specification 
of claims restricted, by having the patent re-issued before the improvement can be 
added. And if there is not any thing which can be claimed, the improvement cannot 
be added, but may be secured by a separate patent, on the payment of the fee of 
thirty dollars. If the patent was granted before the 15th of December, 1836, a model 
and drawings of the invention as first patented, verified by oath, must be furnished, 
unless dispensed with by the Commissioner. 

No patent for an improvement can be granted to the original inventor, assignee, or 
possessor of a patent granted before the 15th of December, 1836, until a model and 
drawings of the invention, as originally patented, verified by oath, shall have been de- 
posited, unless dispensed with by the Commissioner. 

"Every inventor, before he can receive a patent, must make oath or affirmation that 
he does verily believe that he is the original and first inventor or discoverer of the art, 
machine, manufacture, composition, or improvement, for which he solicits a patent ; 
and that he does not know or believe that the same was ever before known or used ; and 
also of what country he is a citizen." — Act of 1836, sec. 6. [See form annexed.] In 
every case the oath or affidavit must be made before a person having general powers 
to administer oaths. Justices of the peace have not in all cases this general power. 

If the applicant be an alien, and have resided one year in the United States next 
preceding the application, and have given legal notice of his intention to become a 
citizen of the United States, he must make oath to these facts before he can apply for 
a patent for the same fee as that paid by a citizen. 

ON DRAWINGS AND SPECIMENS OF INGREDIENTS. 

The law requires that " the applicant for a patent shall accompany his application 
with drawings and written references, when the nature of the case admits of draio- 
ingsy These drawings should, in general, be in perspective, and neatly executed ; 
and such parts as cannot be shown in perspective, must, if described, be represented 
in section, or detail. Duplicates of them are required, as one must accompany the 
patent when issued, as explanatory of it, and one must be kept on file in the office. 

The drawings must be signed by the patentee, and attested by two witnesses, except 
when the specification describes the sections or figures, and refers to the parts by let- 
ters, in which case they are neither required to be signed nor accompanied by writ- 
ten references upon the drawings, the whole making one instrument. Drawings are 
absolutely necessary, when the case admits of them. 

An examination, as to originality of invention, may be made on a single drawing; 
but duplicates will be required before the patent issues. 

[Drawings for the Patent Office are promptly executed, on moderate terms, at the 
office of the Scientific American, New York. Letters should be post paid, and directed 
to MuNN & Co., Publishers.] 

OF MODELS. 

The law requires that the inventor shall deliver a model of his invention or improve- 
ment, when the same admits of a model. The model should be neatly made, and as 
small as a distinct representation of the machine or improvement, and its characteristic 
properties, will admit ; the name of the inventor should be printed or engraved upon, 
or affixed to it, in a durable manner. Models forwarded without a name cannot be en- 
tered on record, and are therefore liable to be lost or mislaid. 

When the invention is of a " composition of matter," the law requires that the ap- 
plication be accompanied with specimens of the ingredients, and of the compoBition 
of matter, sufficient in quantity for the purpose of experiment. 

ON GRANTING ANEW LOST PATENTS. 
The third section of the act of March 3, 1837, provides : 
"Sec. 3. And be it further enacted, That whenever it shall appear to the Commis- 



14 

sioner that any patent was destroyed by the burning of the Patent Office building on 
the aforesaid fifteenth day of December, or was otherwise lost prior thereto, it shall be 
his duty, on application therefor by the patentee, or other person interested therein, to 
issue a new patent for the same invention or discovery, bearing the date of the original 
patent, with his certificate thereon, that it was made and issued pursuant to the provis- 
ions of the third section of this act ; and shall enter the same of record : Provided^ 
however, That before such patent shall be issued, the applicant therefor shall deposit 
in the Patent Office, a duplicate, as near as may be, of the original model, drawings, 
and description, with specification of the invention or discovery, verified by oath, as 
shall be required by the Commissioner ; and such patent and copies of such drawings 
and descriptions, duly certified, shall be admissible as evidence in any judicial court 
of the United States, and shall protect the rights of the patentee, his administrators, 
heirs, and assigns, to the extent only in which they would have been protected by the 
original patent and specification." 

PROCEEDINGS ON APPLICATION FOR PATENTS, AND ON APPEALS FROM 
DECISION OF THE COMMISSIONER. 

(Act of 1836, section 7.) 
" That on the filing of any such application, (consisting of petition, specification, 
model, and drawings, or specimens,) and the payment of the duty hereinafter provided, 
the Commissioner shall make, or cause to be made, an examination of the alledged new 
invention or discovery ; and if, on any such examination, it shall not appear to the 
Commissioner that the same had been invented or discovered by any other person in 
this country prior to the alledged invention or discovery thereof by the applicant ; or 
that it had been patented or described in any printed publication in this or any foreign 
country, or had been in public use or on sale, with the applicant's assent or allowance, 
prior to the application, if the Commissioner shall deem it to be sufficiently useful and 
important, it shall be his duty to issue a patent therefor. But whenever, on such exam- 
ination, it shall appear to the Commissioner that the applicant was not the original and 
first inventor or discoverer thereof, or that any part of that which is claimed as new had 
before been invented or discovered, or patented, or described in any printed publication 
in this or any foreign country as aforesaid, or that the description is defective and in- 
sufficient, he shall notify the applicant thereof, giving him briefly such information and 
references as may be useful in judging of the propriety of renewing his application, 
or of altering his specification to embrace only that part of the invention or discovery 
which is new. In every such case, if the applicant shall elect to withdraw his applica- 
tion, relinquishing his claim to the model, he shall be entitled to receive back twenty 
dollars, part of the duty required by this act, on filing a notice in writing of such elec- 
tion in the Patent Office ; a copy of which, certified by the Commissioner, shall be a 
sufficient warrant to the Treasurer for paying back to the said applicant the said sura of 
twenty dollars. But if the applicant, in such case, shall persist in his claim for a pa- 
tent, with or without any alteration of his specification, he shall be required to make 
oath or affirmation anew, in manner as aforesaid ; and if the specification and claim 
shall not have been so modified as, in the opinion of the Commissioner, shall entitle the 
applicant to a patent, he may appeal to the Chief Justice of the United States Court 
for the District of Columbia, who may affirm or reverse the decision of the Commis- 
sioner of Patents, in whole or in part, and may order a patent to issue ; or he may have 
remedy against the decision of the Commissioner of Patents, or the decision of the 
Chief Justice of the United States Court for the District of Columbia, by filing a bill in 
equity in any of the United Slates Courts having jurisdiction, as hereinafter explained." 

RE-ISSUE TO CORRECT A DEFECTIVE DESCRIPTION. 

When an applicant wishes to cancel an old patent, and to correct a mistake or error 
which has arisen from inadvertence, he should state this fact in his application, and ex- 
pressly surrender the old patent, which must be transmitted to the Patent Office before 
a new patent will be issued. And no improvement or alteration made subsequent to 
the filing of the application upon which the original patent was granted, can be intro- 
duced into a patent upon re-issue. — Section thirteen of the Act of July, 1836, enacts : 
" That whenever any patent, which has heretofore been granted, or which shall here- 
after be granted, shall be inoperative or invalid, by reason of a defective or insufficient 
description or specification, or by reason of the patentee claiming, in his specification 
as his own invention, more than he had or shall have a right to claim as new, if the 
error has or shall have arisen by inadvertency, accident, or mistake, and without any 
fraudulent or deceptive intention, it shall be lawful for the Commissioner, upon the 
surrender to him of such patent, and the payment of the farther duty of fifteen dol- 
lars, to cause a new patent to be issued to the said inventor for the same invention for 



15 

the residue of the period then unexpired, for which the original patent was granted, in 
accordance with the patentee's corrected description and specification." 

When the original patent has been lost, before a re-issue can be granted, the original 
patent should first be restored, and then surrendered. 

In the re-issue, the claim is subject to an examination as in the case of original patents, 
and if it shall appear that any part of the claim was not original at the time of granting 
the patent, the re-issue will not be granted, unless said part be omitted in the claim, or a 
disclaimer filed in the Patent Office. And if there is not any thing which can be claim- 
ed, the re-issue cannot be granted, and the surrendered patent cannot be returned. 
Where the patdbt was granted before the 15th of December, 1836, a model and draw- 
ings of the invention as originally patented, verified by oath, must be deposited in the 
Patent Office before a re-issue can be granted, unless dispensed with by the Commis- 
sioner. 

And in case of the death of an inventor, or of any assignment, of the oi'iginal patent 
made by him, a similar right vests in his executors, administrators, or assignees ; and 
the patent so re-issued, together with the corrected description and specification, have 
the same efiect and operation in law, on the trial of all actions thereafter commenced 
for causes subsequently accruing, as though the same had been originally filed in such 
corrected form before the issuing out of the original patent. 

On the surrender of a patent, several patents may be issued for distinct and separate 
parts of the invention, upon the payment of thirty dollars for every additional patent 
issued. 

DISCLAIMERS. 

The 7th section of the law of 3d March, 1837, provides as follows: 
" Section 7. And be it further enacted, That whenever any patentee shall have, 
through inadvertence, accident, or mistake, made his specification of claim too broad, 
claiming more than that of which he was the original or first inventor, some material 
and substantial part of the thing patented bein^ truly and justly his own, any such pa- 
tentee, his administrators, executors, and assigns, whether of the whole or of a sec- 
tional interest therein, may make disclaimer of such parts of the thing patented as the 
disclaimant shall not claim to hold by virtue of the patent or assignment, stating therein 
the extent of his interest in such patent ; which disclaimer shall be in writing, attested 
by one or more witnesses, and recorded in the Patent Office, on payment by the per- 
son disclaiming, in manner as other patent duties are required bylaw to be paid, of the 
sum of ten dollars. And such disclaimer shall thereafter be taken and considered as 
part of the original specification, to the extent of the interest which shall be possessed 
in the patent or right secm-ed thereby, by the disclaimant, and by those claiming by 
or under him, subsequent to the record thereof. But no such disclaimer shall affect 
any action pending at the time of its being filed, except so far as may relate to the 
question of unreasonable neglect or delay in filing the same." 

In cases of patents granted before the 15th December, 1836 no disclaimer will be 
admitted for record until a model and drawings of the invention, as originally patented, 
verified by oath, shall have been deposited, unless dispensed with by the Commissioner. 

INTERFERING APPLICATIONS. 

" Whenever an application shall be made for a patent, which, in the opinion of the 
Commissioner, would interfere with any other patent for which an application may be 
pending, or with any unexpired patent which shall have been granted, it shall be the 
duty of the Commissioner to give notice thereof to such applicants, or patentees, as 
the case may be ; and if either shall be dissatisfied with the decision of the Commis- 
sioner on the question of priority of right or invention, on a hearing thereof he may 
appeal from such decision, on like terms and conditions as are provided in the case of 
applications for inventions not new ; and the like proceedings shall be had, to determine 
which, or whether either, of the applicants is entitled to receive a patent as prayed 
for."— Act of 1836, section 8. 

CAVEATS. 

The law enacts, " That any citizen of the United States, or alien who shall have been 
a resident of the United States one year next preceding, and shall have made oath of 
his intention to become a citizen thereof, who shall have invented any new art, ma- 
chine, or improvement thereof, and shall desire further time to mature the same, may, 
on paying to the credit of the Treasury, in manner as provided in the ninth section of 
this act, the sum of twenty dollars, file in the Patent Office a caveat, setting forth the 
design and purpose thereof, and its principal and distinguishing characteristics, and 
praying protection of his rights, till he shall have matured his invention ; which sum 



16 

of twenty doDars, in case the person filing such caveat shall afterwards take out a patent' 
for the invention therein mentioned, shall be considered a part of the sum herein re- 
quired for the same. And such caveat shall be filed in the confidential archives of the 
office, and preserved in secrecy. And if application shall be made by any other per- 
son, within one year from the time of filing such caveat, for a patent of any invention 
with which it may in any respect interfere, it shall be the duty of the Commissioner 
to deposite the description, specifications, drawings, and model, in the confidential 
archives of the office, and to give notice (by mail) to the person fifing the caveat of 
such application, who shall within three months after receiving the notice, if he would 
avail himself of the benefit of his caveat, file his description, specificaJdons, drawings, 
and model ; and if, in the opinion of the Commissioner, the specifications of claim in- 
terfere with each other, like proceedings may be had in all respects as are in this act 
provided in the case of interfering applications." — Act of 1836, section 12. 

[Persons wishing to file caveats may have the business transacted through the Sci- 
entific American office, New York. See advertisement on cover.] 

EXTENSION OF A PATENT BEYOND THE FOURTEEN YEARS. 

Section eighteen enacts, "That whenever any patentee of an invention or discovery 
shall desire an extension of his patent beyond the term of its limitation, he may make 
application therefor, in writing, to the Commissioner of the Patent Office, setting 'forth 
the grounds therefor ; and the Commissioner shall, on the applicant's paying the sum 
of forty dollars to the credit of the Treasury, as in the case of an original application 
for a patent, cause to be published in one or more of the principal newspapers in the 
city of Washington, and in such other paper or papers as he may deem proper, pub- 
lished in the section of country most interested adversely to the extension of the patent, 
a notice of such application, and of the time and place when and where the same will 
be considered, that any person may appear and show cause why the extension should 
not be granted. And the Secretary of State, the Commissioner of the Patent Office, 
and the Solicitor of the Treasury, shall constitute a board to hear and decide upon the 
evidence produced before them, both for and against the extension, and shall sit for 
that purpose at the time and place designated in the published notice thereof. The 
patentee shall furnish to said board a statement in writing, under oath, of the ascer- 
tained value of the invention, and of his receipts and expenditures, sufficiently in detail 
to exhibit a true and faithful account of loss and profit in any manner accruing to him 
from and by reason of said invention. And if, upon a hearing of the matter, it shall 
appear to the full and entire satisfaction of said board, having due regard to the public 
interest therein, that it is just and proper that the term of a patent should be extended, 
by reason of the patentee, without neglect or fault on his part, having failed to obtain, 
from the use and sale of his invention, a reasonable remuneration for the time, ingenu- 
ity, and expense bestowed upon the same, and the introduction thereof into use, it shall 
be the duty of the Commissioner to renew and extend the patent, by making a certifi- 
cate thereon of such extension, for the term of seven years from and after the expira- 
tion of the first term ; which certificate of said board, of their judgment and opinion 
as aforesaid, shall be entered on record in the Patent Office ; and thereupon, the said 
patent shall have the same effect in law as though it had been originally granted for the 
term of twenty-one years ; and the benefit of such renewal shall extend to assignees 
and grantees of the right to use the thing patented to the extent of their respective 
interests therein ; Provided, however. That no extension of a patent shall be granted, 
after the expiration of the terra for which it was originally issued." 

FEES PAYABLE AT THE PATENT OFFICE. 

All fees must be paid in advance — the amount fixed by law ; except in the case of 
drawings, the expense of which will be communicated on application for the same. 

Every applicant must pay into the Treasury of the United States, or into the Patent 
Office, or to any of the Assistant Treasurers, Treasurers of the Mint and Branch Mints, 
Collectors and Surveyors of Customs, and Receivers of Public Money, particularly 
named hereafter, a deposite to the credit of the Treasurer, on presenting his petition 
or application, as follows : 

If a citizen of the United States, as a patent fee $30 00 

If a foreigner, who has resided in the United States one year next preceding 
the application for a patent, and shall have made oath of his intention to 

become a citizen . 30 00 

If a subject of the Sovereign of Great Britain 500 00 

All other foreigners 300 00 

On entering a caveat . 20 00 



40 00 
15 00 
30 00 

15 00 

15 00 

10 00 

10 



17 

On entering an application for an appeal from the decision of the Commis- 
sioner 25 00 

On extending a patent beyond the fourteen years . . . 

For adding to a patent the specification of a subsequent improvement 

In case of re-issues, for every additional patent . . . . 

On surrender of an old patent, to be re-issued, to correct a mistake of the 
patentee . 

On application for a design 

For a disclaimer • 

For copies of patents, or any other paper on file, for each 100 words 

For copies of drawings, a reasonable sum, in proportion to the time occupied in 
making the same. 

After January 1, 1847, all fees sent to the Commissioner of Patents should be trans- 
mitted in specie. 

It is recommended to make a deposite with the Asgistant Treasurer, and other officers 
authorized to receive public moneys, of the fee for a patent or other application, and 
to remit the certificate. Where this cannot be done without much inconvenience, gold 
may be remitted by mail, at the risk of the applicant. 

In case of deposite made with the Assistant Treasurers, or other persons authorized 
to receive public moneys, a duplicate receipt should be taken, stating by whom the 
payment is made, and for what object. The particular invention should be referred to, 
to enable the applicant to recover back the twenty dollars in case of the withdrawal 
of the petition. The certificate of deposite may be made in the following form : 

Office of the 
The Treasurer of the United States has credit at this office for - dollars in 

specie, deposited by , of the town of , in the county 

of , and State of , the same being for a patent [or 

whatever the object may 6e] for a steam-boiler. 

Officers who are authorized to receive Patent fees on account of the Treasury of the 
United States, and to give receipts or certificates of deposite therefor, viz. : 



Assistant Treasurer of the U. S., Boston, Mass. 
Assistant Treasurer " New York, N. Y. 

Treasurer of the Mint, Philadelphia, Penn. 
Assistant Treasurer of the U. S., Charleston, S. C. 
Collector .... Richmond, Va. 
Collector .... Buffalo Creek, N.C. 
Collector .... Wilmington, N. C. 
Collector .... Savannah, Georgia, 
Collector .... Mobile, Alabama. 



Treasurer Branch Mint, New Orleans, La. 
Assistant Treasurer U. States, St. Louis, Mo. 
Surveyor of the Customs, Nashville, Tenn. 
Surveyor of the Customs, Cincinnati, Ohio. 
Receiver of Public Moneys, Little Rock, Ark. 
Receiver of Public Moneys, Jeffersonville, Ind. 
Receiver of Public Moneys, Chicago, Illinois. 
Receiver of Public Moneys, Detroit, Michigan. 



Any person wishing to pay a patent or other fee, may deposite it with either of the 
officers above named, and forward the receipt or certificate to the Patent Office, as 
evidence thereof. 

Money sent by the mail must be at the risk of the persons sending the same. And 
all moneys sent from the office, by mail, must be at the risk of the persons requesting 
to have it transmitted in that way. In no case should money be sent enclosed with 
models. 

N. B. — The Patent Office does not make original drawdngs to accompany applica- 
tions for patents, and furnishes copies of the same only after the patent is completed. 



ON RECOVERING BACK MONEY PAID FOR A PATENT NOT TAKEN OUT. 

When an applicant, who is a citizen, or resident alien, relinquishes or abandons 
the application for a patent, he must' petition the Commissioner of Patents, stating 
the abandonment or withdrawal of his application ; in which case twenty dollars will 
be repaid. If this vsdthdrawal be of a foreign patent, two-thirds of the fee is to be 
returned. 
- In case of withdrawing a petition, the model deposited is by law retained. 

Whenever a patent is refused by the Commissioner, on the ground that the alledged 
invention is not new, or interferes with an existing patent, or is not sufficiently use 
fill and important, or in case of two or more interfering applications, the party or 
parties against whom the Commissioner has decided, can have remedy by an " appeal 
to the Chief Justice of the District Court of the United States for the District of 
Columbia," by giving notice thereof to the Commissioner, and filing in the Patent 
Office, within such time as the Commissioner shall appoint, his reasons of appeal, 
specially set forth in writing, and also paying into the Patent Office, to the credit of the 
patent fund, the sum of twenty-five dollars. And it shall be the duty of said Chief 
Justice, on petition, to hear and determine all such appeals, and to revise such decisions 

2 



18 

m a summary way, on the evidence produced before the Commissioner, at such early 
and convenient time as he may appoint, first notifying the Commissioner of the time 
and place of hearing, whose duty it shall be to give notice thereof to all parties who 
appear to be interested therein, in such manner as said Judge shall prescribe. The 
Commissioner shall also lay before the said Judge all the original papers and evidence 
in the case, together with the grounds of his decision, fully set forth in writing, touch- 
ing all the points involved by the reasons of appeal, to which the revision shall be con- 
fined. And at the request of any party interested, or at the desire of the Judge, the 
Commissioner, and the Examiners in the Patent Office, may be examined, under oath, 
in explanation of the principles of the machine, or other thing, for which a patent in 
such case is prayed for. And it shall be the duty of said Judge, after a hearing of any 
such case, to return all the papers to the Commissioner, with a certificate of his pro- 
ceedings and decision, which shall be entered of record in the Patent Office ; and such 
decision, so certified, shall govern the further proceedings of the Commissioner in such 
case : Provided, however, That no opinion or decision of the Judge in any such case, 
shall preclude any person interested in favor or against the validity of any patent which 
has been or may hereafter be granted, from the right to contest the same in any judicial 
court, in any action in which its validity may come in -question. 

REMEDY IN EQUITY FOR PATENTEES. 

In cases where patents are refused for any reasons whatever, or when there shall 
be two interfering patents, remedy can be had from the decisions of the Commis- 
sioner of Patents, or from the Chief Justice of the United States Court for the District 
of Columbia, by bill in equity ; and the court having cognizance thereof, on notice to 
adverse parties, (and when there shall be no adverse party, a copy of the bill shaU be 
served upon the Commissioner of Patents, when the whole of the expenses of the pro- 
ceedings shall be paid by the applicant, whether the final decision shall be in his favor 
or otherwise,) and other due proceedings had, may adjudge and declare either the 
patents void in whole or in part, or inoperative and invalid in any particular part 
or portion of the United States, according to the interests which the parties to such 
suit may possess in the patent or the inventions patented, and may also judge that such 
applicant is entitled, according to the principles and provisions of this act, to have and 
receive a patent for his invention, as specified in his claim, or for any part thereof, as 
the fact of priority of right or invention shall, in any such case, be made to appear. 
And such adjudication, if it be in favor of the right of such applicant, shall authorize 
the Commissioner to issue such patent, on his filing a copy of the adjudication, and 
otherwise complying with the requisitions of this act: Provided, however, That no 
such judgment or adjudication shall aSect the rights of any person, except the parties 
to the action, and those deriving title from or under them, subsequent to the rendition 
of such judgment. 

N. B. — It has recently been decided in the district court of Eastern Pennsylvania, 
liiat all proceedings in equity against the Commissioner of Patents, must be com- 
menced and prosecuted in the courts of the District of Columbia, no court out of the 
District having jurisdiction over the subject-matter, 

ON FILING THE SPECIFICATION AND DRAWING AS A CAVEAT. 

" Whenever the applicant shall request it, the patent shall take date from the time 
of filing the specification and drawings, not, however, exceeding six months prior to 
the actual issuing of the patent ; and, on like request, and the payment of the duty 
herein required, by any applicant, his specification and drawings shall be filed in 
the secret archives of the office, until he shall furnish the model, and the patent be 
issued, not exceeding the term of one year; the applicant being entitled to notice of 
interfering appHcations." — Act of 1836, section 8. 

A full description of the invention is required, to enable the Commissioner of Patents 
to judge of interferences. 

All applications will be examined, and patents issued, in the order of time in which 
their proper documents are completed. 

EXHIBITION OF MODELS AND MANUFACTURES. 

Models of unpatented machines, specimens of compositions and of fabrics, and other 
manufactures, or works of art, will be received and arranged in the national repository 
of the Patent Office. 

The personal attendance of an applicant at the Patent Office, to obtain a patent, is 
unnecessary. The business can be done by correspondence, or by attorney. 



19 



OATHS OF AFFIRMATIONS. 



Any magistrate having general authority to administer oaths, is qualified to take 
depositions in matters relating to patents. 



Forms which may be used in making application at the Patent Office. 

FORM OF PETITION. 
To the Commissioner of Patents : 

The petition of Sebastian Cabot, of Cabotville, in the county of Hampden, and State of 

Massachusetts, 

Respectfully represents: 

That your petitioner has invented a new [and improved mode of preventing steam- 
boilers from bursting] which he verily believes has not been known or used prior to 
the invention thereof by your petitioner. He therefore prays that letters patent of the 
United States may be granted to him therefor, vesting in him and his legal representa- 
tives the exclusive right to the same, upon the terms and conditions expressed in the 
act of Congress in that case made and provided ; he having paid thirty dollai's into the 
Treasury, and complied with otlier provisions of the said act. 

SEBASTIAN CABOT. 

FORM OF SPECIFICATION. 
To all whom it may concern : 

Be it known that I, Sebastian Cabot, of Cabotville, in the county of Hampden, and 
State of Massachusetts, have invented a new and improved mode of preventing steam- 
boilers from bursting, and I do hereby declare that the following is a full and exact 
description : 

The nature of my invention consists in providing the upper part of a steam-boiler 
with an aperture in addition to that for the safety-valve ; which aperture is to be closed 
by a plug, or disk, of alloy, which wiU fuse at any given degree of heat, and permit 
the steam to escape, should the safety-valve fail to perform its functions. 

To enable others skilled in the art to make and use my invention, I will proceed to 
describe its construction and operation : I construct my steam-boiler in any of the 
known forms, and apply thereto guage-cocks, a safet}^-valve, and the other appendages 
of such boilers; but, in order to obviate the danger arising from the adhesion of the 
safety-valve, and from other causes, I make a second opening in the top of the boiler, 
similar to that made for the safety-valve, as shown at A, in the accompanying drawing; 
and in this opening I insert a plug, or disk, of fusible alloy, securing it in its place by a 
metal ring and screws, or otherwise. This fusible metal I, in general, compose of a 
mixture of lead, tin, and bismuth, in such proportions as will ensure its melting at a 
given temperature, which must be that to which it is intended to limit the steam, and 
■will, of course, vary with the pressure the boiler is intended to sustain. I surround 
the opening centring the fusible alloy by a tube B, intended to conduct off any steam 
which may be dis*charged therefrom. When the temperature of the steam, in such a 
boiler, rises to4t8 assigned limit, the fusible alloy will melt, and allow the steam to 
escape freely, thereby securing it from all danger of explosion. 

What I claim as my invention, and desire to'secure by letters patent, is the applica- 
tion to steam-boilers of a fusible alloy, which will melt at a given temperature, and 
aUow the steam to escape, as herein described ; using for that purpose any metallic 
compound which will produce the intended effect. 

Witness: 5 John Doe, SEBASTIAN CABOT, 

\ Richard Roe. 

When the application is for a machine, the specification should commence thus : 
Be it known that I, , of , in the county of 

> aiid State of , have invented a new and useful 

machme for— [stating the use and title of the machine ; and if the application is for an 
improvement, it should read thus : a new and useful improvement on a, or on the, ma- 
chine, etc.]— and I do hereby declare that the following is a full, clear, and exact de- 
scription of the construction and operation of the same, reference being had to the 
annexed drawings, making a part of this specification, in which figure 1 is a descriptive 
view, figure 2 a longitudinal elevation, figure 3 a transverse section, etc. [Thus describ- 



20 

ing all the sections of the drawings, and then referring to the parts by letters.] Then 
follows the description of the construction and operation of the machine, and ending 
with the claim, which should express the nature and character of the invention, and 
identify the part or parts claimed separately or in combination. If the specification is 
for an improvement, the original invention should be disclaimed, and then the claim 
confined to the improvement. 

FORM OF OATH. 

County of Hampden, State of Massachusetts, ss : 

On this day of , 183 , before the subscriber, a 

personally appeared the within named Sebastian Cabot, and made solemn 
oath [or affirmation] that he verily believes himself to be the original and first invent- 
or of the mode herein described for preventing steam-boilers from bursting, and that 
he does not know or believe the same was ever before known or used ; and that he is 
a citizen of the United States. 

Signed, A. B. 

A foreigner should specify of what countiy he is a citizen. An alien resident apply- 
ing as a citizen, should make oath that he has been a resident in the United States one 
year next preceding his application fur letters patent, and has made oath of his inten- 
tion to become a citizen thereof. 

FORM OF WITHDRAWAL. 
To the Commissioner of Patents : 

Sir : I hereby withdraw my application for a patent for improvements in the steam- 
boiler, now in your office, and request that twenty dollars may be returned to me, 
agreeably to the provision of the act of Congress authorizing such withdrawal. 

SEBASTIAN CABOT. 

Cabotville, Mass., March 1, 1833. 

N. B. — If you withdraw your application, please enclose a receipt in the following 
form : 

Received of the Treasurer of the United States, per Hon. Edmund Burke, Commis- 
sioner of Patents, twenty dollars, being the amount refunded on withdrawing my ap- 
plication for a patent for 

FORM OF SURRENDER OF A PATENT FOR RE-ISSUE. 
To the Commissioner of Patents : 

The petition of Sebastian Cabot, of Cabotville, in the county of Hampden, and State 

of Massachusetts, 
Respectfully represents : 

That he did obtain letters patent of the United States for an improvement in the 
boilers in steam-engines, which letters patent are dated on the first day of March, 1835. 
That he now believes that th« same is inoperative and invalid, by reason of a defective 
specification, which defect has arisen from inadvertence and mistake. He therefore 
prays that he may be allowed to surrender, and he hereby does surrender, the same, 
and request that new letters patent may issue to him for the same invention, for the 
residue of the period for wliich the original patent was granted, under the amended 
specification herewith presented ; he having paid fifteen dollars into the Treasury of 
the United States, agreeably to the requirements of the act of Congress in that case 
made and provided. 

SEBASTIAN CABOT. 

FORM OF ASSIGNMENT OF A RIGHT IN A PATENT. 

Whereas I, Sebastian Cabot, of Cabotville, in the county of Hampden, and 
State of Massachusetts, did obtain letters patent of the United States for certain im- 
provements in steam-engines, which letters patent bear date the first day of March, 
1835 ; and whereas John Doe, of Cabotville aforesaid, is desirous of acquiring an in- 
terest therein : NOW, THIS indenture WITNESSETH, that, for and in consideration of 
the sum of two thousand dollars, to me in hand paid, the receipt of which is hereby 
acknowledged, I have assigned, sold, and set over, and do hereby assign, sell, and set 
over, all the right, title and interest, which I have in the said invention, as secured to 
me by said letters patent, for, to, and in the several States of New York, New Jersey, 
and Pennsylvania, and in no other place or places. The same to be held and enjoyed by 
the said John Doe for his own use and behoof, and for the use and behoof of his legal 
representatives, to the full end of the term for which said letters patent are or may be 



21 

granted, as fully and entirely as the same would have been held and enjoyed by me, 
had this assignment and sale not have been made. 

In testimony vi^hereof, I have hereunto set my hand and affixed my seal, this first 
day of March, 1838. 

SEBASTIAN CABOT. |;l. s.] 

Witness : < q' yx'' 

By the act of March , 1848, the Commissioner of Patents is directed to charge the 

fees for recording assignments of patent licenses, at the following rates, viz. : 
On all assignments, etc., which shall not contain over 300 words . . . $1 00 
On all assignments, etc., containing more than 300 and not more than 1000 words 2 00 
On all assignments containing more than 1000 words . . . . . 3 00 

Which fees are, in all cases, to be paid in advance. 

FORM OF DISCLAIMER. 
To the Commissioner of Patents : 

The petition of Sebastian Cabot, of Cabotville, in the county of Hampden, and State 

of Massachusetts, 
Respectfully represents: 

That he has, by assignment, duly recorded in the Patent Office, become the owner 
of a right for the several States of Massachusetts, Connecticut, and Rhode Island, to 
certain improvements in the steam-engine, for which letters patent of the United States 
were granted to John Doe, of Boston, in the State of Massachusetts, dated on the first 
day of March, 1835. That he has reason to believe that, through inadvertence and 
mistake, the claim made in the specification of said letters patent is too broad, includ- 
ing that of which the said patentee was not the first inventor. Your petitioner, there- 
fore, hereby enters his disclaimer to that part of the claim in the aforenamed specifica- 
tion, which is in the following words, to wit : " I also claim the particular manner in 
which the piston of the above described engine is constructed, so as to insure the close 
fitting of the packing thereof to the cylinder, as set forth;" which disclaimer is to ope- 
rate to the extent of the interest in said letters patent vested in your petitioner, who 
has paid ten dollars into the Treasury of the United States, agreeably to the require- 
ments of the act of Congress in that case made and provided. 

SEBASTIAN CABOT. 

"When the disclaimer is made by the original patentee, it must, of course, be so 
worded as to express that fact. 

FORM OF CAVEAT. 

To the Commissioner of Patents : 

The petition of Sebastian Cabot, of Cabotville, in the county of Hampden, and State 

of Massachusetts, 
Respectfully represents : * 

That he has made certain improvements in the mode of constructing the boilers of 
steam-engines; and that he is now engaged in making experiments for the purpose of 
perfecting the same, preparatory to his applying for letters patent therefor. He there- 
fore prays that the subjoined description of his invention may be filed as a caveat, in 
the confidential archives of the Patent Office, agreeably to the provisions of the act of 
Congress in that case made and provided ; he having paid twenty dollars into the 
Treasury of the United States, and otherwise complied with the requirements of the 
said act. 

SEBASTIAN CABOT. 

Cabotville, March 1, 1835. 

Here should foUow a description of the general principles of the invention, so far a« 
it has been completed. 

FORM FOR ADDITION OF NEW IMPROVEMENTS. 

To the Commissioner of Patents : 

The petition of Sebastian Cabot, of Cabotville, in the county of Hampden, and State 

of Massachusetts, 
Respectfully represents : 

That your petitioner did obtain letters patent of the United States for an improve- 
ment in the boilers of steam-engines, which letters patent are dated on the first day of 



22 

March, 1835 ; that he has since that date made certain improvements on his said inven- 
tion ; and that he is desirous of adding the subjoined description of his said improve- 
ments to his original letters patent, agreeably to the provisions of the act of Congress 
in that case made and provided ; he having paid fifteen dollars into the Treasury of the 
United States, and otherwise complied with the requirements of the said act. 

SEBASTIAN CABOT< 

FORM OF ASSIGNMENT BEFORE OBTAINING LETTERS PATENT, AND TO 
BE RECORDED PREPARATORY THERETO. 

Whereas I, Sebastian Cabot, of Cabotville, in the county of Hampden, and State of 
Massachusetts, have invented certain new and useful improviements in the boilers of 
steam-engines, for which I am about to make application for letters patent of the United 
States ; and whereas John Doe, of Cabotville aforesaid, has agreed to purchase from 
me all the right, title, and interest which I have, or may have, in and to the said inven- 
tion, in consequence of the grant of letters patent therefor, and has paid to me, the said 
Cabot, the sum of five thousand dollars, the receipt of which is hereby acknowledged : 
Now, this indenture witnesseth, that for and in consideration of the said sum to me 
paid, I have assigned and transferred, and do hereby assign and transfer, to the said 
John Doe, the full and exclusive right to all the improvements made by me, as fully set 
forth and described in the spe,cification which I have prepared and executed, preparatory 
to the obtaining letters parent therefor. And I do hereby authorize and request the 
Commissioner of Patents 'to issue the said letters patent to the said John Doe, as the 
assignee of my whole right and title thereto, for the sole use and behoof of the said 
John Doe and his legal representatives. 

In testimony whereof, I have hereunto set my hand and affixed my seal, this first day 
of March, 1838. 

SEBASTIAN CABOT, [seal.] 

Witness : j ^- ^'' 

FORM OF OATH ON RESTORING DRAWINGS, OR SKETCHES FROM WHICH 
DRAWINGS MAY BE MADE, TO REPLACE THE ORIGINALS DESTROYED 
IN THE OFFICE. 

County of Hautde^ ," State of Massachusetts, ss : 

On the first day of March, 1838, before the subscriber, a 

personally appeared Sebastian Cabot, of 
Cabotville, in the State of Massachusetts, and made solemn oath that he is the inventor 
[or is interested in the invention as administrator, etc.'] of an improved mode of pre- 
venting the explosions of steam-boilers, for which letters patent of the United States 
were granted to him, dated the first day of January, 1835, and that the annexed draw- 
ing [or sketch'] is, as he verily believes, a true delineation of the invention described 
in the said letters patent. 

If the following questions can be answered affirmatively, before transmitting the 
papers, few applications will be returned for correction of omissions : 

1. Is the fee transmitted ? 

2. Is the petition signed, and addressed to the Commissioner of Patents? 

3. Is the specification signed, and witnessed by two witnesses ? 

4. Are the drawings described, and referred to in the specification ? If not, are 
they signed before two subscribing witnesses, and are they accompanied with written 
references 1 

5. Are duplicated drawings sent 1 

6. Has the inventor made oath to his being a citizen, and that his invention is new, 
etc.? 

7. Does the specification contain a specific claim ? 

8. If an alien and resident, is this affirmed and sworn to? 

9. Has the model been sent, and how? 

10. Is the name of the inventor durably affixed to the same ? 

11. In case of re-issue, is the old patent surrendered ? 

12. Has the oath of invention been renewed, before appealing from the decision of 
the Commissioner? 

13. Have the fees been remitted in coin, or by certificate of deposite ? 

14. In case of re-issue, disclaimer, addition of an improvement, or patent for an im- 
provement on an existing patent to inventor, assignee, or possessor of the original 
patent, have model and drawings of the original patent (if granted before the 15tn of 
December, 1836) been transmitted ? 



23 



[_From the last pamphlet issued by Commissioner Burke.l 

INFORMATION 

UNDER THE ACT OF AUGUST 29, 1842. 

Art. 1. This act authorizes the Treasurer of the United States to repay any money 
which has been paid into the Treasury by actual mistake, as for patent fees, thus pre- 
cluding the necessity of special application to Congress for relief. 

Art. 2. The privilege of renewal of lost patents is now extended to those granted, 
before the fire of December, 1836. Heretofore it has been limited to those actually 
lost before the fire, thus excluding many lost subsequently, and before they were re- 
corded anew in this office, leaving the inventor without remedy. 

Art. 3. Protection is by this act extended to a new class of objects, viz. : 

To new and original Designs : 

— for a manufacture of metal and other materials ; :". 

— for the printing of woollen, silk, cotton, or other fabrics; ^^ 

— for busts, statues, or bas relief, or composition in alto or basso relievo : 

— for any impression or ornament, or to.be placed on any article of manufacture 

in marble or other material, 
—for any new and useful pattern, print, or picture, tb'be in any manner attached 

to, or fixed on, any article of manufacture ; 
— for any new or original shape or configuration of any article of manufacture ; all 
such designs not being previously known or used by others. 

Art. 4. American ministers, consuls, etc., residing abroad, may administer the oath 
required for applicants not resident in the United States. Heretofore such functiona- 
ries were not authorized to perform this act, thus subjecting applicants, in foreign 
countries, to much inconvenience. 

Art. 5. The stamping or. affixing the nanae of any patentee on any article without 
authority so to do, or the affixing the wordi patent ov letters patent, or the stamp, mark, 
or device of any patentee on any unpatented article, for the purpose of deceiving the 
public, is forbidden under a penalty of not less than one hundred dollars. 

Art. 6. Patentees, or their assignees, are now required to affix the date of the pa 
tent on each article vended or offered for sale, under a like penalty — thus affording to 
the public notice of the duration of the patent. When the article is of such a nature 
that the date cannot be printed thereon, it should be affixed to the case or package 
containing it. 

It vdll be observed that this act does not repeal or change the law imder which pa- 
tents have heretofore been granted, but is merely additional thereto — all patents except 
for designs, being granted for fourteen years, and the fee, as hitherto, being thirty 
dollars. 

Before the grant of any patent under this act, the application must be made by pe- 
tition to the Commissioner of Patents, signed by the inventor. 

He is also required to furnish a written description or specification of his invention 
or production, in which the same shall be fully and clearly described ; such specifica- 
tion to be signed, witnessed by two witnesses, and verified by his oath or affirmation. 

In all cases which admit of representation by drawings, the application must be 
accompanied by duplicate drawings and a specimen ; and in other cases by duplicato 
specimens. 

The provisions of the sixth section do not apply to patents granted prior to the pas- 
sage of this act. 



Forms of application for Patents on Designs, under the Act of August 29, 1842. 

To the Commissioner of Patents : 

The petition of Seb^astian Cabot, of Cabotville, in the county of Hampden, and State 

of Massachusetts, 

Respectfully represents: 

That your petitioner has invented or produced [a nev/design or figure to be stamp- 
ed or printed on fabrics, which, when thus printed, are termed calicoes,] which he 
verily believes. has not been known prior to the production thereof by your petitioner. 



24 

He therefore prays that letters patent of the United States- iqay be granted to him 
therefor, vesting in him and his legal representatives the exclusive right to the same 
upon the terms and conditions expressed in the act of Congress in that case made and 
provided ; he having paid fifteen dollars into the Treasury, and complied with other 
provisions of the said act. 

SEBASTIAN CABOT. 

SPECIFICATION. 
To all whom it may concern : 

Be it known that I, Sebastian Cabot, of Cabot\'ille, in the county of Hampden, and 
State of Massachusetts, have invented or produced a new [design or figure to be printed 
on fabrics, which, when thus printed, are termed calicoes,] and I do hereby declare that 
the following is a full and exact description of the same. [Here follows a description 
of the design or figure with reference to the specimen, or to a drawing of it, in all 
cases which admit of representation by drawings.] 

The specification to conclude with declaring what the inventor or producer claims 
to be expressed in terms which will give the character of the design, &c. 

FORM OF OATH. 

County op Hampden, Stat'e of Massachusetts, ss : 

On this day ,184 , before the subscriber, a 

personally appeared the wdthin named Sebastian Cabot, and made solemn 
oath [or affirmation as the case may be] that he verily believes himself to be the 
original and first inventor or producer of the design for figures to be printed on fabrics 
which, when thus printed, are termed calicoes ; and that he does not know or believe 
that the same was ever before known or used, and that he is a citizen of the United 
States. 

Signed, A. B. 

The phraseology of the title of this act having misled many persons, it is proper to 
add that it is an act in addition to the. act of July 4, 1836, by which act all acts and 
parts of acts before made were then repealed. The title of the act of August 29, 1842, 
therefore, merely recites the title of the act of 1836. 

EDMUND BURKE, 

Commissioner of Patents. 
Patent Office, November, 1846. 

All communications should be addressed to the Commissioner of 'Patents. 

In consequence of the numerous applications to this office for information, founded 
. on brief descriptions of inventions, and asking, in any given case, whether'there exists any 
thing like the invention described, and whether a patent can be had therefor, it has 
become necessary to furnish the explanation following as a general reply to such 
inquiries. 

By the act of July 4, 1836, entitled "An act to promote the useful arts, and to repeal 
all acts and parts of acts heretofore made for that purpose," a principle entirely nev^ 
was engrafted upon the system, under which patents had been previously granted. 

Under the provisions of this act, it was made the duty of the Commissioner of Patents, 
on the receipt of any application for a patent, to institute " an examination of the alledged 
new invention or discovery," with a view to determine whether the same had been 
before " invented or discovered by any other person in this country," or " patented, or 
described in any printed publication, in this or any foreign country." Thus was the 
^ant of patents in future restricted to such " inventions or discoveries" as were new 
in the most absolute sense of the term ; and a very laborious and responsible duty 
imposed upon this office. In aid of the solution of the question of novelty, thus raised 
on every application, the applicant was required to furnish a full and clear description 
of his invention, signed, witnessed, and verified by his oath, accompanied by a model 
and drawings of the same ; all being deemed necessary in order to illustrate his claim 
to a patent. Furnished with these illustrations, the office was then required to go into 
a rigorous and extended examination, taking in the whole range of history on the given 
subject, whether its evidences were to be found in patents grantei^, caveats filed, or 
descriptions published, in this or in any foreign* country, in any period of time. 

In the conduct of these examinations, it is necessary to keep in constant and laborious 
employment a number of persons specially selected for their knowle(Jge and skill in the 
arts; to refer with guarded care to caveats filed in the secret archives of the office, and 
which can only come into view on such occasions ; to patents already granted, and to 



25 

such works on the arts as have been published here or elsewhere : and also to keep 
pace with the current of invention throughout the world, by a constant and copious 
supply of such publications in this country and in Europe as are devoted to this object. 

It will readily be seen that this office cannot undertake to respond to the numerous 
inquiries constantly addressed to it, whether such or such an invention can be new, 
and whether a patent can be obtained for it. Because, 1st. Every such inquiry 
involves the whole question of novelty ; and before the office could expTesS,'"or even 
form, an opinion, would require the same range of rigorous examination as is now 
required by law on a regular application for a patent, and this, too, without the neces- 
sary illustrations; such inquiries being based on mere and usually very imperfect 
general descriptions ; while, in the case of application for patents, the law requires that 
the office shall have the aid, not only of clear and full description, under oath, but also 
accurate drawings and models, before it shall decide the question whether, in any 
given case, the invention be new, &c. 

2d. The attempt to do so would eflectually interrupt the appropriate business of the 
office, and be a direct infringement on the rights of those who apply for patents ;. as 
the regular examinations of their applications must necessarily be suspended while the 
examinations requir-ed, in order to frame such answers, were being made. 

3d. Every such inquiry does, in effect, require this office to prejudge a caseJjefore 
such case is presented ; or, in other words, the inquirer asks of the office to»4ecide 
upon his invention before he has done that which the law requires he shall do, in order 
to obtain such decision. 

4th. The law has made no provision for such services. It is, therefore, no part of 
the legitimate duty of this office. 

It is hoped that this explanation will prove satisfactory to all, and that it wMl be 
distinctly understood, that, in decHning to respond to the class of inquiries* above 
stated, this office acts under the mere necessity of the case, and not from any disposi- 
tion to wdthhold information. 

The records and models of the office are always open to inspection, and copies jcan 
readily be furnished on receipt of the fee required by law. 

MODELS. 

If deposited with any of the following agents, will be forioarded to the 'Patent Office^ 

free of expense. 

The collector of the port of Portsmouth, N. H. 
The collector of the port of Portland, Maine. 
The collector of the port of BurUngton, Vermont. 
The collector of the port of Providence, R. I. 
R. H. Eddy, agent at Boston, Massachusetts. 
Sumner Smith, Hartford, Connecticut. 
Edgar Irving, agent, custom-house. New York. 
The collector of the port of Philadelphia, Pa. 
The collector of the port of Baltimore, Md. 
The collector of the port of Richmond, Va. 



The collector of the port of Charleston, S. C. 
The collector of the port of Savannah, Geo. 
Charles T. Stev^art, New Orleans. Louisiana, 
The collector of the port of Detroit, Michigan. 
The collector of the port of Buffalo, New York. 
The surveyor at St. Louis, Missouri. 
The collector of the port of Cleveland, Ohio.] 
The surveyor at Pittsburg, Pennsylvania., 
The surveyor at Cincinnati, Ohio. 
The surveyor at Louisville, Kentucky. 



Agents must send models received by them by packet, when the same are forwarded 
at the expense of the office. 

If applicants prefer to have their models transmitted by Express instead of by 
Packet, they must in all cases pay the expense of transportation. 

The transmission of models by the agents extends to those for "new applications, as 
well as those restored in consequence of the destruction of the originals. 

N. B. — Patentees, and the public in general, are urged to use their influence to aid 
the office in restoring the records of all patents and ^signments on record before 
the fire in December, 1836. The same cannot be used in evidence unless so recorded 
anew. No expense is incurred. The papers are received and transmitted by mail. 

EDMUND BURKE, 

Commissioner of Patents, 



RULES FOR TAKING AND TRANSMITTING EVIDENCE, &c., TO THE COM- 
MISSIONER OF PATENTS. 



Patent Office, 
1st. That all statements, declarations, evidence, &c., shall be in writing, setting forth 
minutely and particularly the point or points at issue, and shall be verified by oath or 
affirmation. 



26 

2d. That all statements, declarations, proofs, and evidence, shall be filed in the 
Patent Office by the parties, respectively, before the day of hearing. 

3d. That before the deposition of a witness or witnesses be taken by either party, 
notice should be given to the opposite party of the time and place when and where 
such deposition or depositions will be taken ; so that the opposite party, either in 
person or by attorney, shall have full opportunity to cross eKamine the witness or wit- 
nesses. *Ahd. such notice shall, with proof of service of the same, be attached to the 
deposition or depositions, whether the party cross examine or not ; and such notice 
shall be given in sufficient time for the appearance of the opposite party, and for the 
transmission of the evidence to the Patent Office before the day of hearing. 

4th. That no evidence, statement, or declaration, touching the matter at issue, will 
be considered upon the said day of hearing, which shall not have been taken and filed 
in compliance with these rules : Provided, That if either party shall be unable, from 
good and sufficient reasons, to procure the testimony of a witness or witnesses, within 
the above stipulated time, then it shall be the duty of said party to give notice of the 
same to the Commissioner of Patents, accompanied with statements of the cause of 
such inability, which last mentioned notice to the Commissioner shall be received by 
him days previous to the day of hearing aforesaid, viz., the 

, day of next. 

1 5th. That all evidence, &c., shall be sealed up and addressed to the Commissioner 
of Patents by the persons before whom it shall be taken, and so certified thereon. 

6th. That the certificate of the magistrate taking the evidence shall be substantially 
in the following form, and written upon the envelope, viz. : 

" I hereby certify, that the depositions of A. B. C. D., &c., relating to the matter of 
interference between E. F. and G. H., were taken, sealed up, and addressed to the 
Commissioner of Patents, by me. Justice of the Peace'' 

EXTENSION OF PATENTS. 

[circular.] 

Patent Office, June 21, 1845. 
The undersigned, constituted by law a board to decide upon applications for the 
extension of patents, have adopted the following suggestions and rules, for the benefit 
of those persons who may hereafter apply for extensions. 
The questions which arise on each application for an extension are — 

1. Is the invention novel 7 

2. Is it useful ? 

3. Is it valuable and important to the public ? 

4. Has the inventor been adequately remunerated for his time and expense in ori- 
ginating and perfecting it ? 

5. Has he used due diligence in introducing his invention into general use ? 

The two first questions will be determined upon the result of an examination in the 
Patent Office ; as will also the third, to some extent. 

To enable the board to come to a correct conclusion in regard to the third point of 
inquiry, the applicant should, if possible, procure the testimony of persons disinterested 
in the invention, which testimony should be taken under oath. 

In regard to the fourth and fifth points of inquiry, in addition to his own oath show- 
ing his receipts and expenditures on account of the invention, by which its value is to 
be ascertained, the applicant should show, by the testimony of disinterested witnesses 
on oath, that he has taken all reasonable measures to introduce his invention into 
general use, and that, without default or neglect on his part, he has failed to obtain 
from the use and sale of the invention a reasonable remuneration for the time, inge- 
nuity, and expense bestowed on the same, and the introduction thereof into use. 

The report of the examiner upon the novelty and utility of the invention will be 
ready fifteen days before the day appointed for the hearing, which will be open for 
inspection at the Patent Office ; copies of which will be furnished to all parties inter- 
ested, if desired, on payment of the usual fees for copies. 

In case of opposition by any person to the extension of a patent, both parties may 
take testimony, each giving reasonable notice to the other at the time and place of 
taking said testimony, which shall be taken according to the rules prescribed by the 
Commissioner of Patents in cases of interference. 

All arguments submitted to the board must be in writing 

In conclusion, the undersigned would remark, generally, that a monopoly of his 
invention is secured by law to the inventor for the term of fourteen years. This is 
done with a view to compensate him for his time and expense in originating and per- 
fecting it. At the end of the time for which his patent runs, his monopoly should 



27 

cease, and the invention become public property, unless he can show good reasons to 
the contrary. The presumption is always against his application ; and if he cannot 
show that his invention is novel, useful, valuable, and important to the public, and that, 
having made all reasonable effort to introduce it into general use, he has not been ade- 
quately remunerated for his time and expenses in discovering and perfecting it, the 
board cannot grant an extension. 

JAMES BUCHANAN, Secretary of State. 

EDMUND BURKE, Commissioner of Patents. 

R. H. GILLET, Solicitor of the Treasury. 

INSTRUCTIONS TO PATENTEES AND OTHERS. 

1. Caveats. — Caveat papers cannot under any circumstances be v^dthdrawn from the 
office, nor undergo any alteration after they have been once filed. 

2. Additional papers relating to the invention may be admitted under the same file, 
the date of reception of such papers being noted. 

3. In case of filing papers additional to an original caveat, the right to notice of such 
papers expires with the caveat ; and any additional papers, not relating to the inven- 
tion as first caveated, are not entitled to notice. 

4. Caveat papers once filed cannot be inspected by the caveator, nor any other per- 
sons than those duly authorized by law to examine such papers. 

5. The caveator, or other person properly authorized by him, may at any time obtain 
copies of the caveat papers at the usual rates. 

6. It is desirable that caveats should be explicit as to the character and features of 
the invention — embrace suitable drawings or sketches ; and a model, if convenient. 
The caveat fails of its purpose, when the invention is not explained. 

7. Models are always retained by the office. 

8. Applications are examined in the order of their reception ; except in cases in 
which the claims so nearly resemble those undergoing examination, as to render au 
interference probable ; in which case they will be taken up and examined with the 
cases then under examination. 

9. Rejected applications may be reconsidered at the request of the applicant, and 
explanations, whether verbal or in wi-iting, may be at any convenient time received by 
the examiners ; but final action upon such cases cannot be had until they come up in 
their turn as cases presented anew. 

10. In case specifications and drawings should be found defective, they are returned 
to the applicants with instructions to amend. When returned to the office they are 
again examined, the examination in such cases taking precedents of all new cases on 
hand at the time of their reception. But if on such examination it should be found 
that the instructions to amend have been disregarded, or not properly attended to, the 
papers are again returned to the applicant, and upon their second return to the office, 
the examination of such papers is delayed until all the business on hand at the time of 
their reception is disposed of. 

11. When papers are thus returned to applicants for amendments, should they find 
it necessary or deem it important to prepare a new document in order to make suita- 
ble amendments, the original papers must be returned, to the offi.ce, together with the 
amended or new papers, otherwise examination upon such cases will be delayed until 
the original papers are received by the office. 

12. After au application has been examined, no alteration made in the character of 
the invention can be considered under the same fee ; but such alterations will require a 
separate fee, papers, &c., before examination can be had. 

13. In general, if any addition is to be made to an invention duly before the office, 
or any change in its character, the applicant must withdraw and file his application 
anew. 

14. All explanations or suggestions by Patent Agents, in relation to cases pending 
before the office for examination, must be in writing addressed to the Commissioner. 

15. All patents will be delivered or sent by mail to the patentee, except when a 
written order has been deposited by him in the Patent Office, directing the delivery to 
some other person. 

16. When an application has been finally decided, thie office will retain the original 
papers, allowing the applicant to obtain copies thereof. 

EDMUND BURKE, 

Commissioner of Patents. 

FOREIGN PATENTS AND RE-ISSUES. 

Applications for inventions, which have been patented in a foreign country, will be 
taken up for examination immediately after all the necessary papers and drawings havQ 



28 

been filed, the fee paid, and the model deposited in this office. As the letters patent 
issued in this country, for inventions patented abroad, bear date with the foreign letters 
patent, this rule has been adopted with the view of giving the longest term of time to 
the patent in this country. 

For a similar reason applications for the surrender and re-issue of letters patent will 
De examined immediately after they shall have been completed. 

STATE OF BUSINESS IN THE PATENT OFFICE. 

The public are aware that during the last two years there has been a great increase 
of business in the Patent Office, amounting, in 1847, to fifty per cent, over the year 
1845. While the undersigned has the power by law to increase the number of copy- 
ing clerks as the business of the office might require, he has no authority to make any 
addition to the examining corps, which is the most important branch of the service of 
the office. 

At the first session of Congress, after his accession to the office of Commissioner of 
Patents, which was in 1845, in his annual report, he brought the embarrassed condition 
of the Patent Office to the attention of Congress, and requested an increase of the 
examining corps. He has since made four additional applications, setting forth parti- 
cularly the condition of the office, growing out of a want of force to perform the duties, 
and showing conclusively the absolute necessity of the employment of additional 
gjxaminers. 

Congress has at length acted upon the recommendations of the undersigned, and 
passed a bill authorizing the appointment of two additional principal examiners, and 
two assistants, thus doubling that branch of the force of the office. 

This addition to the Examining Corps, now provided for, will, it is believed, be suf- 
ficient to enable the office to perform all the duties devolving upon it at present. Yet 
it will be some months before the business in arrear will be brought up. 

There are now over nine hundred applications on the files of the office to be 
examined. With the present force it would require nine months to accomplish that 
amount of business. The additional number of examiners allowed by law will enable 
the office to get through with it sooner. But, at best, it would take some months to 
bring up the business which is now so far in arrear. 

Twelve hours of constant labor each day, with the exception of a reasonable time 
for meals, are now required of all persons employed in the Patent Office. It is very 
much more than is required of the employees in any other office of the Government in 
this city. With this addition to the hours of labor, and with untiring diligence, the 
undersigned hopes the Patent Office will in a few months be relieved from its embar- 
rassments. 

REQUEST. 

Congress having authorized the collection and distribution of seeds through this' office, 
a transmission to this place of any rare and useful seeds may confer a great benefit on 
the community, and will, so far as practicable, be reciprocated by the Commissioner 
of Patents. A history of the seed transmitted, together with the place of production, 
is respectfully solicited. EDMUND BURKE, 

Commissioner of Patents. 



29 



THE 

BEST MECHANICAL PAPER IN THE WORLD. 

The Scientific American is an illustrated journal of Art, Science, and Mechanics. 
It is. published in weekly numbers, in a shape suitable for binding, and forms, at the 
end of each year, a volume of four hundred and sixteen pages of the most interesting 
reading, illustrated with over FIVE HUNDRED MECHANICAL ENGRAVINGS, 
making it, by far, the best mechanical paper in the world. In proof of which 
please read 

WHAT THEY SAY OF IT. 

The Scientific American. — We have had frequent calls to subscribe for this excel- 
lent paper since we noticed it, people thinking we are agents. Such is not the case. 
We advertise the Scientific American, because we think it just such a paper as mechan- 
ics and artists need. — Olive Branch, Boston, Mass. 

^F° The Scientific American is the best paper of the kind in the United States. 
Every scientific man — every mechanic ought to have it. — Gazette, Clarendon, Ohio. 

j^* The New York Scientific American is decidedly one of the most useful of our 
exchanges. No mechanic should be without it. We would not be deprived of its 
weekly visits for double the subscription price, and feel gi'ateful for the exchange dur- 
ing the past year. — Gazette, Germantown, Ohio. 

The Scientific American. — This is one of the spiciest and most interesting papers 
on our exchange list. It is peculiarly adapted to the interests of the mechanics and 
working men, to all of whom we would say, subscribe for it — it is worth more than 
the price of subscription. Munn & Co., New York, are the publishers. — Scotfs 
Weekly, Phila., Pa. 

Scientific American. — We know of no paper in the country which we can more 
cordially recommend to every mechanic, than the Scientific American, Published by 
Munn & Co., New York. Px-ice $2 per annum — $1 for six months. — Sentinel, Keene, 
N. H. 

B^° With the utmost pleasure we would recommend to all our mechanic friends, the 
Scientific American, published in New York, by Munn & Co. It is the best paper of 
the kind we ever saw, and, what is uncommon in a mechanics' paper, it is always racy, 
spirited, and full of thrilUngly interesting articles. Specimens may be seen at this 
office. — Times, Bath, Me. 

^p^ The Scientific American, New York, is a paper that may be digested with the 
most profit and pleasure of any similar paper in the country. Every mechanic should 
take it, and gain new ideas with almost every number. Terms $2. — Telegraph, Kal- 
amazoo, Mich. 

^^ The " Scientific American," published in New York city, by Messrs. Munn & 
Co., is decidedly the most useful paper in the United States, and should be in the hands 
of every mechanic and scientific reader in the country. — War-Eagle, Waterloo, III. 

The Scientific American. — We receive from New York a most capital weekly 
paper with the above title. It is published by Munn & Co., for $2 per year. No me- 
chanic ought to be without it ; and the general reader, no matter what his pursuit, wiU 
be greatly edified and amused by a perusal of its pages. — Standard, Richmond, Va. 

The Scientific American. — This is a paper which should be in the hands of every 
mechanic. It is a well fiUed and neatly printed sheet. Its contents are purely of 
a character to enlighten as well as amuse. In fact, we know of no paper of its size 
which is worth so mMch.— Citizen, Paper Mill Village, N. H. 

The Scientific American is the best paper within our knowledge for mechanics, 
and all who wish to obtain a knowledge of the progress of the mechanic arts, discove- 
ries in science, &c. It is edited with much ability, illustrated with numerous en- 
gravings, and afforded weekly at the low price of $2 per annum. A new volume is 
ju8t commencing in quarto iorm.^CuUivator, Columbus, Ohio. 



30 

The Scientific American. — This popular journal is one of the most valuable pa 
pars for mechanics, published. The editor is known as one of the most scientific mea 
in the country. Our young mechanics who hope to rise in the world should take this 
paper by all means. — Knickerbocker, Albany, N. Y. 

^^ The Scientific American is an excellent work, and should be in the hands of every 
mechanic and common school teacher in the Union. — Democrat, Wooster, Ohio. 

1^" The Scientyic American is one of the best papers of the kind published in the 
country ; it has numerous engravings illustrating the subject on which it treats. It is 
published in quarto form at the rate of $2 per annum. Now is an excellent time to 
subscribe, as it is just entered on a new volume. A specimen number can be seen at 
this oQice. — Observer, Erie, Pa. 

^W The Scientific American is one among the best papers in the United States, if not 
the very best. Each number contains a vast amount of scientific and useful matter. 
The mechanics, manufacturers, and farmers throughout the country should take it. 
Terms, $2 per annum. — Bulletin, Boonville, Mo. 

1^^ The Scientific American, published by Munn and Co., New York, is all that its 
prospectus promises, and in its quarto form, can be easily preserved for future reference. 
It is not only an able scientific expositor, but an interesting and valuable chronicle of 
improvements and inventions in the arts. Price $2 per annum. — Democrat, Brattle- 
horo, Vermont. 

S^* The " Scientific American," published at New York, is one of the neatest print- 
ed and most ably conducted papers in the country. Each number is embellished with 
splendid engravings of new inventions and improvements in machinery, which alone 
are worth more than double the subscription price. The reading matter is always 
interesting, and no mechanic who has $2 to spare, should allow another week to pass 
without having his name put on the subscription list. A copy can be seen at this office. 
— Factory GirVs Album, Exeter, N. H. 

^^ The " New York Scientific American," should be in the hands of every artist 
and mechanic. It is one of the most valuable papers now published. Young men 
could not spend their money to more advantage than by taking this. It is published 
by Munn and Co., New York, at $2 per annum. — Phosnix, Bristol, R. I. 

Scientific American. — This excellent journal has been much enlarged and im- 
proved, and should be in the hands of every mechanic. It is truly a valuable paper. 
— Gem of Prairie, Chicago, III. 

The Scientific American, is the title of a weekly paper before us, published in 
New York, designed to advocate and illustrate the various branches of mechanical and 
manufacturing industry. From a cursory review, we are satisfied of its high meiit, 
and believe it should be in the hands of every one who feels an interest in the advance- 
ment of mechanical or scientific improvements in this country. Terms $2 per year. — 
Gazette, Erie, Pa. 

The Scientific American. — This is the title of a most sterling paper, published 
weekly in the city of New York, by Messrs. Munn & Co., 128 Fulton street, at two 
dollars per annum. It treats principally on the arts and sciences, and should be found 
in the family of every mechanic in the Union. — Republican, Lancaster, Pa. 

The Scientific American. — This neat and valuable paper, eight quarto pages, week- 
ly, is published in New York, by Messrs. Munn & Co., at $2 per annum. It contains 
descriptions of all the latest inventions, illustrated frequently by cuts, besides other useful 
matter, which makes it one of the most valuable papers in the country. To mechanics 
it must be invaluable. — Hawkeye, Burlington, Iowa. 

Scientific American. — This excellent journal should be in the hands of every me 
chanic, machinist, engineer, or other workman, who desires to be familiar with princi- 
ples, as well as with the mere routine of practice in the arts. Send on for it, and, 
twelve months hence, you will refuse the subscription price for the back numbers. — 
Courier, Zanesville, Ohio. 

^^ We call the attention of the public to the prospectus of the Scientific Ameri- 
can in this week's Argus. A specimen of the paper can be seen at this office. All 
who want the very best paper, we would recommend to subscribe for the Scientific 
American. — Argus, Platte City, Mo. 

Scientific American. — We have inserted the prospectus of the Scientific American, 
and feel disposed to go further, and recommend the paper to the favor of our readers. 
It is just such a sheet as should tiave a general circulation throughout the country — and 



31 

we should be glad to hear that it finds subscribers in abundance among the mechanics 
as well as all other citizens in this region.^ Journal, Dayton, Ohio. 

^" We are, as a general thing, averse to publishing prospectuses of Eastern papers, 
but the Scientific American is a publication so valuable to Mechanics, and afforded 
at 80 cheap a rate, that we have admitted its prospectus into our columns, and commend 
it to the attention of mechanics and scientific gentlemen. — Reveille, Perryshurg, Ohio. 

" Scientific American." — By reference to our advertising columns the reader will 
find a prospectus of this excellent scientific journal, which we can recommend as a 
paper well entitled to the support of every mechanic. It is published in quarto form, 
suitable for binding, by Muun & Co., 128 Fulton street, Nev^r York, at $2 per annum — 
$1 in advance, and the remainder in six months. — Sentinel, Edenton, N. C. 

Scientific American. — There is published every Saturday, in New York, an ele- 
<rantly printed quarto newspaper, by the title of the " Scientific American." This 
paper, which is furnished at two dollars per annum, contains the most valuable inform- 
ation, written in plain and comprehensive language. We hope the attention of our read- 
ers may be called to the Scientific American. For a family where there are children, 
we know of no periodical of the kind that we would sooner recommend to their 
patronage. We recommend it as a periodical that is calculated to elicit and develope 
mechanical talent, and improve the minds of those who may read it. Munu & Co., 
128 Fulton street, publishers. — Enquirer, He$ipstead, L. I. 

The Scientific American. — It is the advocate of industry, and as a journal of 
mechanics and manufactures, is not equalled by any other publicati6n of the kind. 
Each number contains several original engravings. It is, indeed, a most useful and 
instructive paper, which every mechanic would do well to procure. The " Scientific 
American" is published weekly in New York city, by Mann & Co. Terms, only $2 
per annum. A specimen number can be seen at this office. — Herald, Brownsville, Pa. 

The Scientific American. — This useful paper contains a weekly list of patents, all 
the new inventions, with diagrams and explanations, together with a variety of scien- 
tific information of the day not to be found in any other journal. The lovers of science 
are recommended to subscribe. — Munn & Co., 128 Fulton street, New York, are the 
publishers. — Herald, Frankford, Pa. 

The Scientific American. — This is the title of a most sterling paper, published 
weekly in the city of New York, by Messrs. Munn & Co., No. 128 Fulton street, at 
two dollars per annum. It treats principally on the Arts and Sciences, and should be 
found in the family of every mechanic in the Union. — News, Shippensburg, Pa. 

^" We would call attention to the prospectus of " The Scientific American" in 
another column. It is well worthy of the patronage of mechanics and scientific men ; 
indeed, to every class of readers the paper affords a rich fund of valuable matter. Om* 
appreciation of the value of the Scientific American, may be inferred from the fi-equent 
extracts we make from its columns. — Virginian, Abingdon, Va. 

The Scientific American. — Everyman laying claim to intelligence should keep 
himself advised of the advance in Science, as well as the literature of the day. We 
know of but few works that will compare with the Scientific American, by illustrating 
in a simple and comprehensive manner the improvements in the Mechanic Arts that 
are constantly being exemplified. We would commend to our readers the perusal of 
the short prospectus in to-day's paper, and then subscribe for the work.— Southron, 
Jackson, Miss. 

The Scientific American.— This is a valuable mechanical and scientific Journal, 
and we should like to see it in the hands of every mechanic. The " American" is not 
only useful to the mechanic and manufacturer, but instructive to all. — Spy, Westches- 
ter, N. Y. 

The Scientific American.— We wish this publication could be placed in the hands 
of all mechanics and artizans of the country. It is one of the best of our periodicals, 
and deserves a hberal support. One of its numbers is worth a thousand volumes of 
the miserable trash which is every week circulated through the Union under the digni- 
fied title of periodical literature.— C?aze«eo/ the Union, N. Y. City. 

^^ To those interested in Mechanical and Scieutific subjects generally, we would 
recommend the " Scientific American," published by Munn & Co., New York. It is 
the only publication of the kind, we beheve, published in the United States, and it is 
conducted vyilh an ability worthy of the most liberal patronage. No mechanic should 
be without It, as it contains information valuable to those engaged in every department 
ot diVX.— Advertiser, Newburyport, Mass. 



32 

The Scientific American. — This is a paper that every mechanic should become an 
immediate subscriber for, and should read with care. It is devoted exclusively to the 
mechanic arts, and every number contains information on those subjects that, we 
should think, would be of inestimable advantage to every artizan. Published by 
MuNN & Co., New York. Terms, $2 per annum, one half in advance, the remainder 
in six months. — Mercury, Pottsdam, N. Y. 

Scientific American. — We know of no paper more worthy of being in the hands of 
every mechanic, than the Scientific American, published in New York, by Munn & Co. 
We would recommend it to all who are interested in the advancement of the mechanic 
arts in this country. — News, Lynn, Mass. 

The Scientifc American, published by Munn & Co., New York, continues its 
onward march to public favor by not lessening in effort to be useful and instructive to 
all classes of mechanics. $2 a year — one half in advance. — Oasis, Nashua, N. H. 

Scientific American. — We take occasion again to refer mechanics to this paper, 
being ever desirous of advancing mechanical and scientific knowledge in this country. 
This paper is put up in quarto form, and is completely filled with short articles, all per- 
taining to the interests of mechanics of every grade, and is well worthy of patronage by 
them generally. The price is $2 per year ; issued weekly, by Munn & Co., 128 
Fulton-st., New York. — Republican, Havana, N. Y. 

Scientific American. — In our opinion, it stands unrivalled among the publications 
of this country, in its particular sphere. It is nobly adapted to enlighten those on sci- 
entific subjects, who have neither the time nor perhaps the inclination, to pursue a 
course of severe mental labor on these points. Every mechanic, farmer — in fact, all 
men— should take this paper. Specimen numbers may be seen at this office. — Tribune, 
Battle CreeTc, Mich. 

Scientific American, is the title of one of our exchanges, which is well worthy 
the perusal of every mechanic, and ought to be in the hands of every lover of science. 
It is devoted to the advancement of mechanical science, and notices all important dis- 
coveries and inventions, gives instruction in the various arts and trades, records curious 
philosophical and chemical experiments, contains useful receipts, &c., &c., the whole 
volume illustrated with hundreds of engravings. It is published by Munn & Co., 
New York, every week, in quarto form, at $2 per annum. — Mercury, Geneva, 111. 

Scientific American. — This truly excellent journal is not equalled as a woi-k of sci- 
ence any where, and we recommend to our readers the object of the publication. — 
Gazette, Vincennes, Ind. 

The Scientific American. — This is a weekly paper, published by Munn & Co., 
New York City, at the low price of $2 a year. Each number contains from five to 
seven original mechanical engravings of the most irhportant inventions, a weekly cata- 
logue of American Patents, the latest railroad intelligence in America and Europe, be- 
sides a variety of other important and useful information. A more useful journal of 
popular scientific matters can scarcely be taken by those interested in artistic inven- 
tions, and scientific improvements. — Gazette, Neioarh, Ohio. 

The Scientific American. — The publishers of this valuable journal are deserving 
of all praise for the prominence their enterprise has already given it, and the authority 
with which its counsels are received by the scientific and mechanical world. A 
vacuum formerly existed in its particular sphere, and it is a source of congratulation 
that this has been filled by a journal of such standing and character. The Scientific 
American has a hold upon popularity, seldom attained by periodicals in their third vol- 
ume. We hope the enterprise will continue to be crowned with the same abundant 
success. The publishers need no better evidence of the estimate put upon their labors, 
than the amount of "copy" the Scientific American gives to the newspaper world. — 
Whig, Marianna, Fla, 

The Publishers of the Scientific American have hundreds of other notices in their 
possession, selected from papers and periodicals published in all parts of the globe, 
which speak equally favorable of their journal as do the above few which are copied. 

DG^ ^ee last page of the Cover. ^SJ\ 



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